Emba cookware recall

ripofftickets

We received an email from Emba advising of an issue with skillets and a hotplate purchased in 2024. If you visit their website you can see the recall notice (The Forum will not let me post a link).

They flatly refuse to provide an exchange, instead only offering to refund the items purchased. Can they do this?  A refund would mean we are out of pocket as it would cost more money to re-purchase the same items (at the moment they are all out of stock).

Do they legally have to offer an exchange, or a right to repurchase at the original cost?

Emmia

ripofftickets said:

We received an email from Emba advising of an issue with skillets and a hotplate purchased in 2024. If you visit their website you can see the recall notice (The Forum will not let me post a link).

They flatly refuse to provide an exchange, instead only offering to refund the items purchased. Can they do this?  A refund would mean we are out of pocket as it would cost more money to re-purchase the same items (at the moment they are all out of stock).

Do they legally have to offer an exchange, or a right to repurchase at the original cost?

The items have been recalled as they are unsafe, as contamination with heavy metals has been found. Heavy metals will leach into the food you cook on the skillets and hotplates, raising the risk of some cancers and possibly causing neurological issues.

Personally I wouldn't want a replacement that could have the same issue from Emba, so a refund would seem to be entirely appropriate.

I notice a refund is all they seem to be offering on their website and in the recall notice published on gov.uk, so it's possible they might not have sourced an alternative manufacturer yet (even if they are going to, they might have decided to stop selling the products).

Here's the notice of the recall on gov.uk 

https://www.gov.uk/product-safety-alerts-reports-recalls/product-recall-emba-cast-iron-cookware-2502-0151

molerat

In answer to op's question, yes they can.  You are not out of pocket, you are back in the situation you were before purchasing the item.

the_lunatic_is_in_my_head

molerat said:

In answer to op's question, yes they can.  You are not out of pocket, you are back in the situation you were before purchasing the item.

Generally where there is a breach of contract the party suffering the breach is entitled to be in the position they would have had been in had that breach not occurred, simply restoring the party to their original position isn't acceptable.

OP did you buy from them Emba directly? If not then they probably only have to refund and consumer rights would be with which ever retailer you purchased with.

What is the difference in price and when in 2024 did you buy? If over 6 months ago a deduction for use would need to be factored in so unless the price is significantly higher enforcing any loss of a bargain is unlikely to be pragmatic. 

Weird website, prices in dollars, run by a book company, everything now listed as sold out, probably best to get the refund and try a different brand  

Emmia

Also, looking at the official website https://embacookware.co.uk

you can definitely get replacement cast iron skillets for less from ProCook, John Lewis... Take the refund.

ripofftickets

Thank you all for your advice.....