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chrismillard

Can I get a refund on an item that's less than 3 years old?

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The story. We purchased a "BeModern" electric fire and surrond through what was Great Universal and is now K&Co.

 

Within the first year, the fire broke - the power switch, which is right near the heating element, got so hot, it melted and the whole rocker switch literally one evening shot out of the fire!

 

Great Universal contacted BeModern and arranged an identical replacement.

 

In May 2011, this second fire had to go back because it started arcing across the heating element! We got a third identical model.

 

Now, 8 months later, this third fireplace has suffered almost the same fate as the first. The power button is now hanging out, there is a smell of burning "circuit board", and only about 1 inch of the element heats up.

 

Needless to say, I've photographed the problem, and have taken the plug out of the wall so that no one uses it.

 

So my question, bearing in mind I've had to have this replaced twice, and it is obviously unsafe and to my mind has manufacturing defects, would I be eligible to demand a refund. If so, what "act" and "sections" do I quote if necessary, and if I can't demand a refund, what am I entitled to do?

 

Thanks.

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Hi chris

 

Read 10,12 and 13 in my signature.

If there are safety concerns to the public that the product could cause harm then report the matter to Trading Standards.

 

10) SALE OF GOODS ACT-EDUCATE YOUR RETAILER CLICK HERE

12) SOGA SUMMARY CLICK HERE

13) WHICH? TEMPLATES CLICK HERE


Welcome to Consumer Action Group

 

'Challenges are what makes life interesting; overcoming them is what makes life meaningful.'

Joshua J. Marine

 

1) CLAIM BACK ALL PENALTY CHARGES CLICK HERE

2) CLAIM BACK ALL MIS-SOLD PPI CLICK HERE

3) COMPOUNDED CONTRACTUAL INTEREST CLICK HERE

4) REQUEST CCA FROM CREDITOR CLICK HERE

5) OFT- UNENFORCEABLE AGREEMENTS CLICK HERE

6) CAREY V HSBC (2009) CLICK HERE

7) DON'T BE BULLIED BY CREDITORS / DCA's CLICK HERE

8) IN DEBT DON'T PANIC CLICK HERE

9) FULL AND FINAL SETTLEMENT CLICK HERE

10) SALE OF GOODS ACT-EDUCATE YOUR RETAILER CLICK HERE

11) DISTANCE SELLING-EDUCATE YOR RETAILERCLICK HERE

12) SOGA SUMMARY CLICK HERE

13) WHICH? TEMPLATES [/url]CLICK HERE

14) DOES YOU BANK TREAT YOU FAIRLY BCOBSCLICK HERE

15) EVERYTHING HOUSING CLICK HERE

16) UTILITY BACKBILLING CLICK HERE

17) OFGEM - COMPLAINTSCLICK HERE

18) OFCOM - COMPLAINTS CLICK HERE

DON'T GIVE UP, THIS SITE WILL PROVIDE YOU WITH GUIDANCE AND EMPOWERMENT

 

Don't forget to donate to this site

 

Please let us know how your problem has been resolved, it could help fellow Caggers

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Hi - I've emailed the manufacturer this morning with the photo's, and I'll see what they have to say. In the meantime, I have contacted Consumer Direct to report this safety concern. It also concerns me to see that KandCo are STILL selling this fireplace despite having reviews on their website from other consumers who have faced the same issues!

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Just to confirm, I have found the original purchase details, and we ordered the fire on 17th October 2009, it was delivered in November 2009, so we've now had 3 faulty fires within 2 years and 2 months !!!

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Remember your first port of call is the retailer, under SOGA.

 

'For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).'

 

But this is the third one, they might 'Refund' as a goodwill gesture.


Welcome to Consumer Action Group

 

'Challenges are what makes life interesting; overcoming them is what makes life meaningful.'

Joshua J. Marine

 

1) CLAIM BACK ALL PENALTY CHARGES CLICK HERE

2) CLAIM BACK ALL MIS-SOLD PPI CLICK HERE

3) COMPOUNDED CONTRACTUAL INTEREST CLICK HERE

4) REQUEST CCA FROM CREDITOR CLICK HERE

5) OFT- UNENFORCEABLE AGREEMENTS CLICK HERE

6) CAREY V HSBC (2009) CLICK HERE

7) DON'T BE BULLIED BY CREDITORS / DCA's CLICK HERE

8) IN DEBT DON'T PANIC CLICK HERE

9) FULL AND FINAL SETTLEMENT CLICK HERE

10) SALE OF GOODS ACT-EDUCATE YOUR RETAILER CLICK HERE

11) DISTANCE SELLING-EDUCATE YOR RETAILERCLICK HERE

12) SOGA SUMMARY CLICK HERE

13) WHICH? TEMPLATES [/url]CLICK HERE

14) DOES YOU BANK TREAT YOU FAIRLY BCOBSCLICK HERE

15) EVERYTHING HOUSING CLICK HERE

16) UTILITY BACKBILLING CLICK HERE

17) OFGEM - COMPLAINTSCLICK HERE

18) OFCOM - COMPLAINTS CLICK HERE

DON'T GIVE UP, THIS SITE WILL PROVIDE YOU WITH GUIDANCE AND EMPOWERMENT

 

Don't forget to donate to this site

 

Please let us know how your problem has been resolved, it could help fellow Caggers

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OK - but the retailer informed us to contact the manufacturer directly as it is outwith it's 1 year warranty

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Read 12 in my signature, I could understand if the retailer went bust, they are simply passing the buck. Don't speak to them over the phone, everything in writing. Quote SOGA ' It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.'

 

http://www.legislation.gov.uk/ukpga/1979/54

 

OK - but the retailer informed us to contact the manufacturer directly as it is outwith it's 1 year warranty

Welcome to Consumer Action Group

 

'Challenges are what makes life interesting; overcoming them is what makes life meaningful.'

Joshua J. Marine

 

1) CLAIM BACK ALL PENALTY CHARGES CLICK HERE

2) CLAIM BACK ALL MIS-SOLD PPI CLICK HERE

3) COMPOUNDED CONTRACTUAL INTEREST CLICK HERE

4) REQUEST CCA FROM CREDITOR CLICK HERE

5) OFT- UNENFORCEABLE AGREEMENTS CLICK HERE

6) CAREY V HSBC (2009) CLICK HERE

7) DON'T BE BULLIED BY CREDITORS / DCA's CLICK HERE

8) IN DEBT DON'T PANIC CLICK HERE

9) FULL AND FINAL SETTLEMENT CLICK HERE

10) SALE OF GOODS ACT-EDUCATE YOUR RETAILER CLICK HERE

11) DISTANCE SELLING-EDUCATE YOR RETAILERCLICK HERE

12) SOGA SUMMARY CLICK HERE

13) WHICH? TEMPLATES [/url]CLICK HERE

14) DOES YOU BANK TREAT YOU FAIRLY BCOBSCLICK HERE

15) EVERYTHING HOUSING CLICK HERE

16) UTILITY BACKBILLING CLICK HERE

17) OFGEM - COMPLAINTSCLICK HERE

18) OFCOM - COMPLAINTS CLICK HERE

DON'T GIVE UP, THIS SITE WILL PROVIDE YOU WITH GUIDANCE AND EMPOWERMENT

 

Don't forget to donate to this site

 

Please let us know how your problem has been resolved, it could help fellow Caggers

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A follow up. I've been in touch with the retailer. They have been in touch with the manufacturer for the history report. The manufacturer told them that there was no defect on the original fire (which is amazing since the power button melted and literally shot out).

 

They have also informed me that I have to pay for an independant report on the manufacturing defects of this fire before they will even agree to a refund, and if the DO agree, it will be subject to a depreciation charge of 20% per year (pro rata) from the date of purchase - which to me sounds awful since it was first reported faulty within 5 months of the original purchase date, and also because the retailer has a policy of repair first, replace second, and refund third - this means that the retailer can take as long as they want to organise everything in order to reduce the refund amount!

 

Plus, how much does an average independant report cost? I'm in the middle of the Highlands, and if I've got to pay costs for someone to visit as WELL as write the report, I may as well just give up and bin the whole darn thing because it will cost me more than the refund amount...

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If it is faulty, yes. You have 6 years to claim.

 

Check out the oft website

 

It explains things fully, including an exerpt as below:

 

Faulty goods, no acceptance

 

 

If the item does not conform to contract (is faulty) for any of the reasons mentioned previously, and the customer has not accepted the goods, the law says the customer is entitled to

  • reject the goods and claim a full refund, or
  • request a repair or replacement if that is the customer's preferred option.

As the retailer, you can offer a repair, a replacement or a credit note, but you cannot insist on any one of these. It is the customer's right to receive a full refund in these circumstances.

 

 

 

Where a customer is entitled to a full refund because they have not accepted the goods but have agreed that you may repair or replace the goods, they can still claim a full refund if the repair or replacement is

  • taking an unreasonable time, or
  • causing an unreasonable inconvenience, or
  • if the repair or replacement is not satisfactory when they receive it.

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