Know your rights when it comes to faulty goods
QWE BOUGHT a Smeg oven in late August 2016 from a department store, paying £699. In early October, the oven completely stopped working. We then had it repaired under the guarantee.
It then worked well until February this year when it failed again. Nothing worked.
We called the repair people under the guarantee. They came but failed to bring the right parts. Eventually, they got it going, but it stopped yet again in late March. I had to take time off work to deal with this.
We asked for a replacement as we were unhappy with this.
They promised action within 24 hours but now, three days later, nothing. What are our rights? Julia H
AWHICH? SAYS: The good news is Smeg, one of the most expensive kitchen appliance brands, has now delivered a replacement oven.
But whether top of the market or budget, your legal position is clear under the Consumer Rights Act 2015.
You have 30 days to reject appliances which are unsatisfactory (not working or not as described), leading to a replacement or full refund. Your first failure missed by a fortnight.
During the first six months, and this applies in your case, any fault is presumed to have been there since purchase. It is up to the retailer to prove otherwise – perhaps it was damaged through misuse.
Following one unsuccessful attempt at repair, you can reject goods for a full refund.
However, you are entitled to a refund if the cost of repair would be disproportionate to its value (a low-price kettle maybe), repairs are impossible, or the repair would cause you significant inconvenience (you had to take time off work) or if the repair would take an unreasonable amount of time.
After six months, it is up to you to prove the item was faulty on delivery – but given this oven’s history, that would not be difficult.
Remember, your contract is with the retailer, not with the manufacturer although dealing with the maker may be quicker.
The dilemma is that it can be easier to settle for repairs than insist on a replacement.
Go to which.co.uk for a link to the Consumer Rights Act. Email your questions to askwhich@which.co.uk