Faulty Microwave/oven

[suzii]

Hello.
I bought a Sandstrom combination microwave oven for my mother in March 2012. Yesterday whilst using it there were 2 very loud bangs the oven stopped and the large glass turntable was shattered into about half a dozen pieces. I went into the store where I purchased it and they said we could exchange it for a new one but they didn't have any in stock and to try the next nearest store about 30 minutes away. He advised us to reserve it online before going up there which I duely did. Upon arriving at the store they didn't have the one in stock that had been reserved only the one that was on display but upon inspection it had a massive dent in the side so said it wasn't suitable. I explained that the oven was for my 84 year old mother and that it was her only source of cooking and we needed to have a replacement today. As they had no other ovens in stock he offered us another display one without any of the original packaging instructions etc but this one was £50 more than what she had paid for the original one. I had no choice but to pay it but I am not happy about it.

Is it right that they can make her pay more money for a replacement even though it was a like for like one plus I always believed that if selling a display item you do so at a reduced price due to the wear and tear it would have received being on display?

Thank you in advance.
Suzii

 

[trickygj]

Under the Sale of Goods Act 1979 you have a reasonable time to inspect the goods and if they are faulty reject them. In your case you will have lost the right to reject them because this has to happen quite quickly and you owned the oven for a couple of months.

You have therefore accepted the item and cannot demand a full refund. You can expect a repair of replacement at the discretion of the store. Because the product is faulty within the first six months then you do not have to prove anything i.e. it is considered faulty when you purchased it.

The store has the option to repair or replace the oven. It must repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer and bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

If comet can't repair or replace without causing inconvenience etc. you have the right to rescind the contract, that is get your money back, minus an amount for the usage you've had of the goods.

What you should have done is buy an oven from elsewhere and get a refund off comet once they confirmed that repair/replacement would not be within a reasonable time.

Regarding the replacement you bought this is simply a separate contract you agreed to with Comet. You were under no obligation to buy the more expensive oven or pay full price for it. That was your choice at the time albeit you were probably in a position where you were left with little option given the timing. Comet can sell what products at whatever price they choose even if they are ex-display.

Another story of comet's poor customer service it would seem!

 

[suzii]

Thanks very much for the advice..poor customer service indeed.