Faulty dishwasher bought on line from UK retailer.

W

Wexfordman

Registered User
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415
Hi,

My elderly mother bought a dishwasher on line from a uk retailer.

No issue with this, sods law, stuff goes faulty. However a repair man has been out 3 times to try and fix (it has NEVER worked) since she got it approx 1 month ago. They now say that the unit needs to be replaced and sent back to the UK retailer.

Now the retailer is trying to charge my mother approx 200stg for shipping new one over and the old one back. I know for a fact that they are not entitled to do this, and EU law says they cant. I have quoted this to them, and they are refusing to budge, saying they are not obliged to pay for shipping costs to replace the faulty unit.

It seems they are not going to budge from this position, so we need to chase this further, would appreciate some advice on how to deal with on line retailers in the UK in these matters, I've done o with Irish retailers in the past (lodged small claim against them, and this generally gets it sorted), but not sure how to resolve it with a foreign trader ?

They do have a number of accreditations, and we will be making a complaint to the manufacturer and the retailers associated memberships etc, but with regard as actual punching power, how do I go about enforcing them to refund in full etc.

Regards,
Wexfordman
 
Re: Faulty appliance bought on line

Can you contact the Manufacturer directly about getting the replacement. Sending back faulty goods at your own cost does appear to be standard practice with online retailers, not sure of the EU law on the matter.
 
Re: Faulty appliance bought on line

Fisher and paykel is the manufacturer, but irish arm aint inrterested (prob cos they dont want to help uk compeititor who is underselling them).

Here is the article relating to eu law
Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees

Article 3
Rights of the consumer
1. The seller shall be liable to the consumer for any lack of conformity which exists at the time the goods were delivered.
2. In the case of a lack of conformity, the consumer shall be entitled to have the goods brought into conformity free of charge by repair or replacement, in accordance with paragraph 3, or to have an appropriate reduction made in the price or the contract rescinded with regard to those goods, in accordance with paragraphs 5 and 6.

4. The terms "free of charge" in paragraphs 2 and 3 refer to the necessary costs incurred to bring the goods into conformity, particularly the cost of postage, labour and materials.

Quoted this to them, and they dont seem interested, so definatley looks like I'm going to have to get tough!!
 
Re: Faulty appliance bought on line

Was the dishwasher faulty at the dime of delivery, or did it develop a fault after.
The way that directive is written is the seller is liable for postage if the goods are fauly at time of delivery only.
 
Re: Faulty appliance bought on line

If you think you have a case you can use the European Small Claims Court Procedure

[broken link removed]
 
Re: Faulty appliance bought on line

Fisher and paykel make the dishwasher drawers... these are supposed to be very problematic. So if you have a dishwasher drawer and you can find sources which state that there are known problems then you may be able to infer that F&P deliberately sold you a product with known design flaws.. (as I say there are apparently a lot of people who have had problems with the dishwasher drawers)


I agree with the OP that a product that has never worked should be repaired or replaced at no charge to the customer.. but that shipping charges may apply if the product worked for a reasonable period.. however make sure you state that yours never worked.

Try the usual places.. consumer association, small claims court etc etc.

Cheers
 
Re: Faulty appliance bought on line

Hi,

THanks for the reply, just to confirm, the unit NEVER worked, it has been inoperable since time of delivery.

Not sure if I should be chasing fisher and paykel or the web retailer, I am inclinded to think that the dispute is with the retailer ?

F&P inDublin want nothing to do with it by the looks of it.
 
Re: Faulty appliance bought on line

Your contract is with the seller even if the seller is in a different country.

Option 1 - Send them a registered letter inform them that you are commencing legal proceedings for a full refund along with costs. Give them seven days to respond.

In the meantime, buy a new dishwasher from a local retailer who may chagre an extra €50 but who will look after you a lot better.


Option 2 - get the UK retailer to organise F&P in Ireland to contact you. - AFAIK under eu legislation all guarantees are EU wide, so F&P in Ireland are probably obliged to replace the item.
 
Re: Faulty appliance bought on line

Purely as a matter of interest... How much did the F+P dishwasher cost online and is is the Stainless model?
 
Re: Faulty appliance bought on line

mcaul said:
... Option 2 - get the UK retailer to organise F&P in Ireland to contact you. - AFAIK under eu legislation all guarantees are EU wide ...
Click to expand...
That is my understanding too, hence my suggestion to register for warranty.
 
Re: Faulty dishwasher on line from a uk retailer.

Have you tried contacting www.eccireland.ie ?

Welcome to European Consumer Cenntre Ireland

ECC Ireland offers advice on consumer rights when buying goods or services in another European country. We can also mediate directly with a trader in another European country on your behalf if necessary. Our service is free and confidential.
Click to expand...
 
As already said remember your contract is with the UK retailer so any action you take will probably have to be through the UK system this will be very messy.What are F&P Ireland saying about the matter ? can the product be repaired?
You have been unlucky with this purchase but buying electrical goods in NI or the UK will always imho carry an after service risk because the Irish distributors will see anyone who imports goods from outside Ireland as a threat to their business and will make like as tough as possible
 
I comiserate with your problem but it should have been foreseen. This is an example of the different relationships supplied by On line and high street retaillers. On line is an out of sight, out of mind scenario whereas your high street retailler is situated and can provide a personal experience.
A couple of issues with your original post:
1 You mention a repairperson has called out on numerous occasions so there must have been some effort by the on line retailler.
2 Buying any product on line carries a certain amount of unconvenience due to the fact that you have not visually purchased any product.
3 Electrical goods are high risk due to their delicate nature. The majority of High street retaillers have dedicated and trained delivery staff. Most certainly, your product was shipped cheaply from offshore with other goods/pallets. It was probably handled inappropriately thus causing your problem. As the old saying goes "even a Rolls Royce can have an engine failure"
4 It is unsurprising that Irish trading companies are unwilling to help. All of them are annoyed with websites selling within their juristicion at very low costs. They will always refer you to point of purchase.
5 Armada asked how much the saving was made. You did not divulge this information so assuming you pay the extra shipping costs, the eventual cost might be slightly similar to your high street retailler.

From a personal point of view, I am disappointed. Many of my colleagues have been laid off due to slow sales so it is with my annoyance that I voice my disapproval at persons buying from outside our state. High street retaillers might be more costly but this problem is an example at some of the services we supply. Our economy also suffers. Finally, you mention samll claims courts so you are not too unfamilar with outlining your disapproval.

Mu advice is to pay extra costs, move on and learn from this on line experience. Retailman
 
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