Consumer law - refund of item?

A

arbitron

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I purchased an item for €160 in Sept 2015 which developed a defect 2 months later. I did not return it to the shop as it was far away - instead I spoke directly with the manufacturer (who had a good reputation for customer service) and they sent a replacement.

In July 2016 the 1st replacement developed a fault - again the manufacturer replaced it directly.

This week the 2nd replacement developed a fault. The manufacturer is now refusing to engage.

To be clear, the faults are manufacturing faults nothing to do with use and there are reports from other users, so it's not unique to me or my use of the item.

As you can imagine, I have no faith in the product or company any more and I would prefer a refund.

Can I now go back to the shop where I purchased the original item? Are my rights affected by the fact that I dealt directly with the manufacturer? Does the clock start again after receiving a replacement or is each replacement covered from the original purchase date? Am I entitled to ask for a refund instead of replacement/repair given that not just the 1st item but also the 2 replacements (so in total 3 items) have all been defective?

Thanks in advance.
 
The fact you no longer have the item you bought from the shop weakens your case. Also, as they were not involved in the replacements, there was no reset in their obligations to you with those replacements.

You should be aware that you do not automatically have an entitlement to a refund, and the shop/ manufacturer are entitled to repair or replace the item. However, any such repairs are expected to last so you may have a case, but the nature of the item and use will have a bearing on what is considered reasonable.
 
Leo said:
The fact you no longer have the item you bought from the shop weakens your case. Also, as they were not involved in the replacements, there was no reset in their obligations to you with those replacements.

You should be aware that you do not automatically have an entitlement to a refund, and the shop/ manufacturer are entitled to repair or replace the item. However, any such repairs are expected to last so you may have a case, but the nature of the item and use will have a bearing on what is considered reasonable.
Click to expand...

Thanks for the reply. I have all 3 of the items, they just posted me the replacements.

It's a piece of tech that would normally be expected to last 3+ years. So far each one has lasted less than a year with normal use. The items are physically in pristine condition, no physical damage, not even scuffs.

I know I am not automatically entitled to a refund, but I am wondering if there is a specific point where replacement/repair is no longer reasonable, i.e. where 2 replacements have become faulty.

Should I just go back to the shop and ask for a refund/credit?
 
If you had dealt with the shop from the outset, then you would clearly be within your rights to request a refund. If you return a faulty item to where you purchased it and they offer a repair, it is expected that the repair is permanent. If the fault reoccurs you are then entitled to request a replacement. The fact that you dealt with the manufacturer complicates things, as the shop didn't facilitate the repair, it's difficult to make a case that they should be responsible for how effective that repair was.

Go to the shop and explain what has happened and see what they'll do for you. Some will go above and beyond the legal requirements as an act of good faith.
 
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