Dyson refusing to to refund

Sunflower_93

Hello 👋🏼 

I apologise in advance, it is a long one! 

I was wondering if anyone could offer me some advice on what my rights would be, I’m losing the will to live with how bad Dyson’s customer service is! 

In February this year, I purchased a Dyson airwrap through Currys PC world. 

It developed a fault, I contacted Dyson directly as they troubleshoot and offer solutions. At no point did they advise I go back to the retailer I bought it from, instead they offered me a replacement product. I obviously accepted this. 

I received the replacement product on the 27/5 and this has a couple of faults with it. 

I contacted Dyson again and I explained the situation to them and at this point asked for a refund as I had lost faith in the quality of the product as 2 separate brand new products had developed faults when they are less than 6 months old. 

They repeatedly told me they can only offer a repair as it’s past the ‘35 day policy’ almost like they are just copying and pasting the same information on each email. 

I placed a formal complaint with them, they aren’t acknowledging anything I’ve asked in this formal complaint. 

I’ve checked their T&C’s and according to that their 35 day policy is only applicable to brand new products, there is no mention on what they can and can’t offer for replacement products that are faulty. 

They’ve also said that because I didn’t purchase it originally through them they can’t offer a refund - this wasn’t mentioned when they offered me a replacement and on top of that, again nothing is mentioned in their T&C’s 

The product is still well within its guarantee and warranty, 

I don’t think I’m being unreasonable in asking for a refund given how expensive the product is and having 2 in less than 6 months with problems and I’ve even mentioned about going to a third party (ADR scheme) however they aren’t acknowledging this and continuous repeat the same generic message about organising a repair. 

Am I in the right or wrong? Is there anything I can do to push them into giving me a refund? 

Thank you! ☺️

Mark_d

You did not purchase from Dyson so they cannot refund you.Your rights are against the retailer.

eskbanker

Your consumer rights are always with the retailer rather than the manufacturer, so you don't have any right to a refund from the latter, but if you no longer have the item you purchased from Currys then it's unlikely that they'll refund you either.

In the circumstances, it'll probably be best to accept the repair from Dysons, under their warranty....

Ayr_Rage

Your consumer rights are with Currys where you purchased the product and that is where you should've gone when it failed in the first place.

The manufacturer is not responsible for refunding you.

Sunflower_93

Thanks for your responses, 

I thought that might be the case, obviously shot myself in the foot going directly with the manufacturer to resolve an issue with their product I guess! 

So I’m assuming then this is how it will be going forward I.e. if the repaired product develops a fault I just keep having to accept a repairs from them until my guarantee/ warranty runs out? 

Thanks ☺️

Alderbank

To summarise:

• In February 2025, about 4 months ago, you bought a Dyson airwrap from Currys.

• You have had a replacement but the goods do not conform to contract because the replacement has turned out to be faulty as well.

If so, your rights under the Consumer Rights Act s(24) Right to price reduction or final right to reject  are to exercise your final right to reject because after one repair or one replacement, the goods do not conform to the contract. Also, since you are exercising this right within the first 6 months, Currys must refund you in full.

As others have said, this right is with the trader you bought it from and not the manufacturer.

Okell

Alderbank said:

To summarise:

• In February 2025, about 4 months ago, you bought a Dyson airwrap from Currys.

• You have had a replacement but the goods do not conform to contract because the replacement has turned out to be faulty as well.

If so, your rights under the Consumer Rights Act s(24) Right to price reduction or final right to reject  are to exercise your final right to reject because after one repair or one replacement, the goods do not conform to the contract. Also, since you are exercising this right within the first 6 months, Currys must refund you in full.

As others have said, this right is with the trader you bought it from and not the manufacturer.

But the OP didn't give Currys the chance either to repair or to replace.  Instead they went direct to Dyson who provided a replacement.

Are Currys responsible for the failure of a replacement supplied by Dyson?

Alderbank

Okell said:

Alderbank said:

To summarise:

• In February 2025, about 4 months ago, you bought a Dyson airwrap from Currys.

• You have had a replacement but the goods do not conform to contract because the replacement has turned out to be faulty as well.

If so, your rights under the Consumer Rights Act s(24) Right to price reduction or final right to reject  are to exercise your final right to reject because after one repair or one replacement, the goods do not conform to the contract. Also, since you are exercising this right within the first 6 months, Currys must refund you in full.

As others have said, this right is with the trader you bought it from and not the manufacturer.

But the OP didn't give Currys the chance either to repair or to replace.  Instead they went direct to Dyson who provided a replacement.

Are Currys responsible for the failure of a replacement supplied by Dyson?

The CRA is silent on whose hands actually carry out a repair or the provenance of a replacement. Therefore the legal question would be whether a reasonable person would think that a replacement supplied by Dyson would  reasonably be a replacement for an item originally supplied by Dyson.
I think they would say yes.

You have got me thinking about Trigger's broom.
Would the original seller still be responsible for it despite it having 17 new heads and 14 new handles? (OK, I know it was really owned by the Council).

Okell

Alderbank said:

Okell said:

Alderbank said:

To summarise:

• In February 2025, about 4 months ago, you bought a Dyson airwrap from Currys.

• You have had a replacement but the goods do not conform to contract because the replacement has turned out to be faulty as well.

If so, your rights under the Consumer Rights Act s(24) Right to price reduction or final right to reject  are to exercise your final right to reject because after one repair or one replacement, the goods do not conform to the contract. Also, since you are exercising this right within the first 6 months, Currys must refund you in full.

As others have said, this right is with the trader you bought it from and not the manufacturer.

But the OP didn't give Currys the chance either to repair or to replace.  Instead they went direct to Dyson who provided a replacement.

Are Currys responsible for the failure of a replacement supplied by Dyson?

The CRA is silent on whose hands actually carry out a repair or the provenance of a replacement...

That's true, but what then do you make of the wording of s23(2) which says: "If the consumer requires the trader to repair or replace... etc etc"?

I would read that to mean that before the consumer can exercise the final right to reject under s24(5)(a), that they must have approached the trader and required the trader either to repair or to replace. 

I'm not certain that the legislation allows the consumer to effectively leapfrog the trader and go straight to the manufacturer thereby preventing the trader from having the opportunity to provide a remedy.(?). 

Alderbank said:

Okell said:

Alderbank said:

To summarise:

• In February 2025, about 4 months ago, you bought a Dyson airwrap from Currys.

• You have had a replacement but the goods do not conform to contract because the replacement has turned out to be faulty as well.

If so, your rights under the Consumer Rights Act s(24) Right to price reduction or final right to reject  are to exercise your final right to reject because after one repair or one replacement, the goods do not conform to the contract. Also, since you are exercising this right within the first 6 months, Currys must refund you in full.

As others have said, this right is with the trader you bought it from and not the manufacturer.

But the OP didn't give Currys the chance either to repair or to replace.  Instead they went direct to Dyson who provided a replacement.

Are Currys responsible for the failure of a replacement supplied by Dyson?

 ... Therefore the legal question would be whether a reasonable person would think that a replacement supplied by Dyson would  reasonably be a replacement for an item originally supplied by Dyson.
I think they would say yes...

Well if (1) that was the question being asked, or if (2) the OP had originally complained to currys and currys had referred him to Dyson, then I'd agree with you.

But (1) I don't think it is the right question to ask, and (2) the OP hasn't asked currys to do anything.

If I were currys I think I'd be saying "That is a different item from the one we supplied and it's not our responsibility".

Alternatively I'd suggest we (Currys) are still entitled to repair or replace under s23(2).

Ergates

Okell said:

Alderbank said:

To summarise:

• In February 2025, about 4 months ago, you bought a Dyson airwrap from Currys.

• You have had a replacement but the goods do not conform to contract because the replacement has turned out to be faulty as well.

If so, your rights under the Consumer Rights Act s(24) Right to price reduction or final right to reject  are to exercise your final right to reject because after one repair or one replacement, the goods do not conform to the contract. Also, since you are exercising this right within the first 6 months, Currys must refund you in full.

As others have said, this right is with the trader you bought it from and not the manufacturer.

But the OP didn't give Currys the chance either to repair or to replace.  Instead they went direct to Dyson who provided a replacement.

Are Currys responsible for the failure of a replacement supplied by Dyson?

The CRA is silent on whose hands actually carry out a repair or the provenance of a replacement. Therefore the legal question would be whether a reasonable person would think that a replacement supplied by Dyson would  reasonably be a replacement for an item originally supplied by Dyson.
I think they would say yes.

You have got me thinking about Trigger's broom.
Would the original seller still be responsible for it despite it having 17 new heads and 14 new handles? (OK, I know it was really owned by the Council).

I also don't agree with this interpretation.   All your rights under the CRA are against the retailer.   By circumventing them and going direct to the manufacturer you've not exercised your CRA rights at all, which means you've not triggered the "one attempt at replacement or repair" bit.

Jumblebumble

Sunflower_93 said:

Thanks for your responses, 

I thought that might be the case, obviously shot myself in the foot going directly with the manufacturer to resolve an issue with their product I guess! 

So I’m assuming then this is how it will be going forward I.e. if the repaired product develops a fault I just keep having to accept a repairs from them until my guarantee/ warranty runs out? 

Thanks ☺️

Alas it is an easy mistake to believe some posters on here who advise people to do exactly what you did without it occurring to them that the retailer can subsequently  wash their hands of the situation by stating the the item you are now saying is faulty is not the one they sold you.