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Am I entitled to a replacement?
SpendySheila123
Posts: 1 Newbie
Hi! Sorry for the long-winded explanation incoming!
I bought a BBQ costing £700 at the end of March from an online retailer. At the end of June, 3 of the burner control knobs fell off. On inspection, they seem to be made of plastic, and could be pushed back onto the spindle, but wouldn't grip. I contacted the supplier - they asked for photos of the knobs, and the front panel of the BBQ. They sent me a set of 4 new ignition knobs (no other resolution was offered). Skip forward to mid-August, and this time, 2 of the knobs fell off during the cooking. This time, the knobs have actually melted. Again, I contacted the suppliers customer service dept using the details I had previously. They once again asked for photos of the knobs & the front panel of the BBQ, which I sent. They called me to say they had referred this back to the manufacturer & were waiting for guidance. They finally got back to me 3 weeks later & said the manufacturer have suggested that the burners could be blocked & I should clean them. In my opinion, they are as clean as they can be expected to be after 5 months use, and 2 failures in 5 months isn't acceptable.
I have requested a replacement under the Consumer Act 2015, as to me this is not of satisfactory quality or fit for purpose & they have refused, quoting "it is not covered under the manufacturers warranty as it is caused by user error". This is based on the photos I provided of the melted knobs. I have told them that they cannot possibly make a conclusion on the state of the burners from this photo, and I am entitled to a replacement.
I have sent them pictures of the burners so that they can see that they are neither dirty nor blocked, for them to revisit their decision.
Where do I stand if they say no to a replacement?
I bought a BBQ costing £700 at the end of March from an online retailer. At the end of June, 3 of the burner control knobs fell off. On inspection, they seem to be made of plastic, and could be pushed back onto the spindle, but wouldn't grip. I contacted the supplier - they asked for photos of the knobs, and the front panel of the BBQ. They sent me a set of 4 new ignition knobs (no other resolution was offered). Skip forward to mid-August, and this time, 2 of the knobs fell off during the cooking. This time, the knobs have actually melted. Again, I contacted the suppliers customer service dept using the details I had previously. They once again asked for photos of the knobs & the front panel of the BBQ, which I sent. They called me to say they had referred this back to the manufacturer & were waiting for guidance. They finally got back to me 3 weeks later & said the manufacturer have suggested that the burners could be blocked & I should clean them. In my opinion, they are as clean as they can be expected to be after 5 months use, and 2 failures in 5 months isn't acceptable.
I have requested a replacement under the Consumer Act 2015, as to me this is not of satisfactory quality or fit for purpose & they have refused, quoting "it is not covered under the manufacturers warranty as it is caused by user error". This is based on the photos I provided of the melted knobs. I have told them that they cannot possibly make a conclusion on the state of the burners from this photo, and I am entitled to a replacement.
I have sent them pictures of the burners so that they can see that they are neither dirty nor blocked, for them to revisit their decision.
Where do I stand if they say no to a replacement?
0
Comments
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Hello OP
You are entitled to a repair or replacement but can’t insist upon one of it is disproportionate to the other.
However as they have had one repair* attempt you may now reject the goods for a refund.
If done within 6 months of the day of delivery that is a full refund (as opposed to reduced to account for usage of over 6 months) so it may be better to have the refund and try a different BBQ.
If you want the refund be sure to say you “are exercising the final right to reject as the goods still do not conform to the contract, with regards to satisfactory quality, specifically durability, after a failed repair attempt”.
*Although they replaced the knobs as far as the regs go this is termed a “repair”.Did you pay on a credit card (or other type of credit) by any chance?In the game of chess you can never let your adversary see your pieces0 -
Are you dealing with online retailer? That is who your Consumer Rights are with ,if they are different from the ‘supplier’.0
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