Tommee Tippee Boots refusing replacement

KellieR

Hi - apologies in advance for the length of this post! 

I bought a Tommee Tippee Prep machine from my local boots in January 2024. 
I ran a descale on it last week and it suddenly stopped working. I don't have the receipt but I know Tommee Tippee have a 2 year warranty on their products so my first thought was to contact them.
The advisor I spoke to asked for the serial number on the machine which I provided, she advised me this serial number was from 2021 and as I didn't have a receipt there was nothing they could do and I would need to go to boots to be covered by consumer law. 

I went to my local boots to explain the situation and initially was told if I have it on my bank statement they would be happy to replace but not refund - which is exactly what i wanted. I know when I bought it so I had the transaction on my bank statement. One of the members of staff said she actually remembers me coming in to purchase the item. 
I explained to the manager that the item was on sale at the time of purchase so the amount doesn't match what the item is currently for sale for, she then back tracked and said if that's the case she would refund me the amount but not replace the item. She also added that maybe it was reduced because it was an old 2021 model. 
At the time I was in a rush with a young baby so just said I would phone the customer service and speak to head office instead. Although I feel now I should have pushed back on some of the points she made. 
Once home I called the boots customer service who initially said it was the store managers discretion and there was nothing he could do however when I explained the full story he has now said I need to go back into store and get the store to call customer service. Before I do this I just want to check where i stand legally and if I've got a leg to stand on if the store still decide they won't replace? 

Thanks - and well done if you've made it to the end of this boring story!

powerful_Rogue

KellieR said:

Hi - apologies in advance for the length of this post! 

I bought a Tommee Tippee Prep machine from my local boots in January 2024. 
I ran a descale on it last week and it suddenly stopped working. I don't have the receipt but I know Tommee Tippee have a 2 year warranty on their products so my first thought was to contact them.
The advisor I spoke to asked for the serial number on the machine which I provided, she advised me this serial number was from 2021 and as I didn't have a receipt there was nothing they could do and I would need to go to boots to be covered by consumer law. 

I went to my local boots to explain the situation and initially was told if I have it on my bank statement they would be happy to replace but not refund - which is exactly what i wanted. I know when I bought it so I had the transaction on my bank statement. One of the members of staff said she actually remembers me coming in to purchase the item. 
I explained to the manager that the item was on sale at the time of purchase so the amount doesn't match what the item is currently for sale for, she then back tracked and said if that's the case she would refund me the amount but not replace the item. She also added that maybe it was reduced because it was an old 2021 model. 
At the time I was in a rush with a young baby so just said I would phone the customer service and speak to head office instead. Although I feel now I should have pushed back on some of the points she made. 
Once home I called the boots customer service who initially said it was the store managers discretion and there was nothing he could do however when I explained the full story he has now said I need to go back into store and get the store to call customer service. Before I do this I just want to check where i stand legally and if I've got a leg to stand on if the store still decide they won't replace? 

Thanks - and well done if you've made it to the end of this boring story!

They can repair, replace or refund, which ever is the most cost effective for the retailer. Guessing they don't do repairs and if this was on offer when purchased, it would be more cost effective for them to refund rather then replace.

Nothing wrong with them offering that resolution.

As it's ove six months since purchase they could insist you prove it had a fault when manufactured which has only just caused the item to break. As such, I would accept the offer of a refund.

KellieR

Thanks @powerful_Rogue I only had my baby 10 weeks ago and have only recently started using the product. So not sure how I would prove the fault. 
Thanks for the clarification on what I am entitled to, I'm only asking because I bought the item for £25 instead of the usual £100!! 

powerful_Rogue

KellieR said:

Thanks @powerful_Rogue I only had my baby 10 weeks ago and have only recently started using the product. So not sure how I would prove the fault. 
Thanks for the clarification on what I am entitled to, I'm only asking because I bought the item for £25 instead of the usual £100!! 

Wow, now that is a huge discount! No wonder they want to refund rater then replace!

Could you not ask them for a duplicate receipt and see what they say so you could go down the warranty route?

KellieR

I know  hence me trying to get replacement. Good to know where I stand though if I can only get a refund.

the_lunatic_is_in_my_head

powerful_Rogue said:

They can repair, replace or refund, which ever is the most cost effective for the retailer.

This thread is a good example of why this statement is bad advice leaving someone to walk away ignorant of their rights and instead following the company line.

OP you have the right to a repair or replacement (unless it is impossible and you can not insist upon one over the other if it is "disproportionate" but a consumer doesn't need to worry about that unless the trader brings it up).

Unfortunately you can't force repair/replace as if they don't comply you instead have the right to reject but IMO there is no harm in stating under Section 23 of the Consumer Rights Act you have the right to a repair/replacement 

https://www.legislation.gov.uk/ukpga/2015/15/section/23

(Edited to provide correct Section and link)

powerful_Rogue said:

As it's ove six months since purchase they could insist you prove it had a fault when manufactured which has only just caused the item to break. As such, I would accept the offer of a refund.

This is a good caveat to note but Boots aren't going to court for a broken Tommee Tippee and with a 10 week old baby neither is OP so I don't think it's a bad idea to mention the right to see if they offer something better, for them to pull their previous offer of a refund would be petty and you could argue by offering a refund they acknowledge the fault. 

Hope you are enjoying motherhood OP  

powerful_Rogue

the_lunatic_is_in_my_head said:

powerful_Rogue said:

They can repair, replace or refund, which ever is the most cost effective for the retailer.

This thread is a good example of why this statement is bad advice leaving someone to walk away ignorant of their rights and instead following the company line.

OP you have the right to a repair or replacement (unless it is impossible and you can not insist upon one over the other if it is "disproportionate" but a consumer doesn't need to worry about that unless the trader brings it up).

Unfortunately you can't force repair/replace as if they don't comply you instead have the right to reject but IMO there is no harm in stating under Section 43 of the Consumer Rights Act you have the right to a repair/replacement 

https://www.legislation.gov.uk/ukpga/2015/15/section/43

powerful_Rogue said:

As it's ove six months since purchase they could insist you prove it had a fault when manufactured which has only just caused the item to break. As such, I would accept the offer of a refund.

This is a good caveat to note but Boots aren't going to court for a broken Tommee Tippee and with a 10 week old baby neither is OP so I don't think it's a bad idea to mention the right to see if they offer something better, for them to pull their previous offer of a refund would be petty and you could argue by offering a refund they acknowledge the fault. 

Hope you are enjoying motherhood OP  

Equally I think it is poor advice when you trot out the same as above. Boots have clearly made the point they are refunding instead of replacing due to the price - ie disproportionate.

Like I said previously, Boots could ask for proof that the item fault hasn't been caused by user error. You're right, they probably won't go to court over £25, however then the OP either has to leave the matter or start a claim.

So there you go OP, two different opinions.

the_lunatic_is_in_my_head

powerful_Rogue said:

Equally I think it is poor advice when you trot out the same as above. Boots have clearly made the point they are refunding instead of replacing due to the price - ie disproportionate.

Which part of the legislation are you relying upon to state the trader may insist upon a refund because a repair and replacement is disproportionate?

The part about disproportionate is only under repair/replace

https://www.legislation.gov.uk/ukpga/2015/15/section/23

(3)The consumer cannot require the trader to repair or replace the goods if that remedy (the repair or the replacement)—

(a)is impossible, or

(b)is disproportionate compared to the other of those remedies.

The regs make no mention of both repair and replacement being disproportionate with regards to a refund.

screech_78

Lunatic is right that the OP is entitled to a repair or a replacement in the first instance. However, we have checked this with our legal team and had it confirmed that it is only a direct replacement that we have to offer ie. exact same model. If this isn’t possible and a repair is disproportionate to the original cost then a partial refund (over 6 months) is well within our legal obligations. 

powerful_Rogue

the_lunatic_is_in_my_head said:

powerful_Rogue said:

Equally I think it is poor advice when you trot out the same as above. Boots have clearly made the point they are refunding instead of replacing due to the price - ie disproportionate.

Which part of the legislation are you relying upon to state the trader may insist upon a refund because a repair and replacement is disproportionate?

The part about disproportionate is only under repair/replace

https://www.legislation.gov.uk/ukpga/2015/15/section/23

(3)The consumer cannot require the trader to repair or replace the goods if that remedy (the repair or the replacement)—

(a)is impossible, or

(b)is disproportionate compared to the other of those remedies.

The regs make no mention of both repair and replacement being disproportionate with regards to a refund.

S24

5. A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—

(a)after one repair or one replacement, the goods do not conform to the contract;

(b)because of section 23(3) the consumer can require neither repair nor replacement of the goods

Lorian

Can't help with your rights but I know from first hand experience if you get an airlock or let them run dry they start to overheat and there is a thermal fuse that blows rendering the unit inoperable. It's not hard to fix in competent hands (parts in ebay) but in the one case we had one blow under warranty whole unit was replaced without fuss but we did not purchase at a bargain price.