SMEG cooker not fit for purpose - my refund rights

swanny65 · 16 February at 6:17PM

Hi

We bought a SMEG cooker from AO.com when we renovated our kitchen in Aug 2024. The cooker has been faulty since it was delivered - trips the RCCB occasionally, not always, when the oven door is opened.

We were willing to let their contractors, Dolphin Appliance Care Ltd, try and fix the cooker. However after 18 months and 6 engineer visits, by 4 different engineers, we got to the point where SMEG last week, having received an engineers report, agreed the cooker can not be repaired and should be replaced.

I should point out part of the reason it took 18 months to get the this point was the cooker would go up to 3 months without tripping the RCCB. We have an air fryer so the oven isn't used frequently - once or twice a week on average. However also in this period we have had the two oven fans heating elements and the door switch replaced - the oven fans heating elements twice replaced. It appears not all the Dolphin engineers fully understood how many heating elements were in the oven, as it wasn't until this year that an engineer, making his first visit to us, told us the oven also had a bottom heating element. He ordered and replaced the bottom heating element a couple of weeks as the final "check". Had the other engineers known and/or mentioned this bottom heating element, then we would have got to this position at least 6-9 months earlier.

SMEG offered a like for like replacement, which I agreed to if I was given a two year guarantee of the replacement cooker. SMEG replied saying their guarantee would expire in Aug 26 i.e. the same as on the original cooker. I have not yet gone back to SMEG. We are not happy with the limited/restricted guarantee.

We have spoken with AO who were excellent. They offered a full refund or full refund against a different cooker with a full guarantee. They said they would need to contact SMEG and explain we did not want a replacement cooker, get an authorisation code, confirm SMEGs authorisation by text, and call us tomorrow (as I had requested)

This afternoon I have received a text from AO telling me SMEG will only do a direct cooker exchange.

Are SMEG permitted to force me to accept a replacement cooker?

Appreciate any advice before I speak with AO tomorrow or go back to SMEG.

Thanks very much

powerful_Rogue · 16 February at 6:49PM

Depends whether your claiming via warranty or consumer rights.

When it went wrong at the start, did you contact SMEG first or AO?

maisie_cat · 16 February at 7:56PM

You generally do not get an extended warranty/rights when you get a replacement item.

There is no automatic reset under the consumer rights act 2015.

Alderbank · 16 February at 8:28PM

No, SMEG can't force you to do anything.

However you can't force SMEG to do anything either.

After 18 months ownership they are offering you a brand new replacement out of the goodness of their hearts. You and SMEG have no contractual relationship.

To be frank, most customers would be satisfied with that. You do also have statutory rights with the seller (AO) under the Consumer Rights Act. Since your appliance cannot be repaired you have the right to have the same replacement from AO. If that replacement fails because of a manufacturing fault you then have the right to ask AO for a refund, which they can reduce for the amount of time you have owned it.

AO can go beyond your statutory rights. They can, in view of the messing about you have had from SMEG, give you a refund now. They can even offer you a full refund of what you paid, especially if you buy another oven from them.

You say they were excellent (with SMEG's money!) See what they say to a polite request for a full refund as a mark of goodwill. That will tell you how excellent they are.

swanny65 · 16 February at 9:40PM

https://forums.moneysavingexpert.com/discussion/comment/81887222#Comment_81887222

That was a long while ago ! Pretty sure i called AO who told me to contact SMEG

swanny65 · 16 February at 9:56PM

After 18 months ownership they are offering you a brand new replacement out of the goodness of their hearts.

Or….after 18 months of having a cooker not work as it should from day one SMEG decide to replace - How generous of them

To be frank, most customers would be satisfied with that.

Satisfied ? I wouldn't put that to a vote 😂

You do also have statutory rights with the seller (AO) under the Consumer Rights Act. Since your appliance cannot be repaired you have the right to have the same replacement from AO.

Same outcome, different provider….

If that replacement fails because of a manufacturing fault you then have the right to ask AO for a refund, which they can reduce for the amount of time you have owned it.

This makes the offer a new replacement seem a good deal

AO can go beyond your statutory rights. They can, in view of the messing about you have had from SMEG, give you a refund now. They can even offer you a full refund of what you paid, especially if you buy another oven from them.

It looks to me that AO want SMEG to agree to the refund, which AO will them make or put towards a different cooker. I get from your earlier reply why SMEG wont agree and have offered the replacement.

You say they were excellent (with SMEG's money!) See what they say to a polite request for a full refund as a mark of goodwill. That will tell you how excellent they are.

I think we know what their response will be 😉

Seriously, thanks for your advice. I wont look the gift horse in the mouth and will accept the SMEG replacement if I cant get a different cooker…

Thanks very much 👍️

swanny65 · 17 February at 12:22PM

Well well well……..

AO called earlier. They are ignoring the SMEG decision. Offered a full or set the refund against a different cooker - they did know this was my preferred option and would result in me paying them an additional few hundred pounds.

However still excellent customer service.