Did the shop say it was Italian? Be careful because the Italian angle could possibly lead to allegation of racial prejudice. Incidentally Phillips are no longer made in Holland and Grundig are no longer German. Triumph motorcyles have plants in India and China as do Honda
How long have you had it? How did you pay?Where did you buy from: Local, Internet, store, webg etc?
Presumably no one else normally sighted can read the dials either. Please confirm.
How much was it?
My name isXXXXX cannot be prejudiced. I have lived in Italy and customer care is unknown. We have always been happy with German ovens They admitted that it is a fault and the dials cannot be read. However, they informed the factory (in Italy ) and have had no reply.The issue is, not where it is made but shouldn't it be fit for purpose.
It was bought in Sheffield, and it was not sold as a German or Italian model but my husband ( who is Italian ) presumed BAUMATIC was a German word.Meanwhile the oven cannot be used unless I stick paper
stickers on the dials. We paid £290.00 paid by credit card.
It can still beprejudice even if you are the same nationality. However, that could end up as adebate on this is obviously not a debating forum.
Liability for thishas nothing whatsoever to do with the manufacturer so there is no point inpursuing that line.
Liability restswith the supplier.
On these facts,they are in breach of the Sale of Goods Act in that goods are not fit forpurpose and are not of satisfactory quality.
If you have hadthe open for more than a month, then you are not entitled to return itautomatically for a refund. Before a month, the law says that you are entitledto a refund, but the reason for the refund must be reasonably substantial. Ithink that on the facts you give, in returning within 30 days, you are entitledto a refund.
After 30 days the remedyis damages/compensation.
There is noautomatic right for a repair, although the compensation could be used to payfor the repair. In this case, there appears to be an inherent designfault/problem and therefore a repair is an impossibility. The level ofcompensation will vary depending on the problem. I think that the level ofcompensation you would get would actually extend to the value of a new oven. Iappreciate that may appear the same as returning it within 30 days, but thereis a difference between getting a refund of the full amount under the sale ofgoods act for return in 30 days and getting an amount of money in compensation,which just happens to be the value of the item. If the fault was a small fault,the damages may be a small amount of money.
You need to takethis up with the supplier and tell them to take it back and refund you will letyou have a different oven.
At the same time,file a dispute with the credit card company because they also have a duty inrespect of the goods.
Regarding theItalian/German issue it is not worth pursuing.
The next part isreally important for me:
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I have contacted the supplier, the manager was not there. I asked for his name, and the assistant wanted to know why I needed the Manager's name.
I explained the situation to him, but he did not want to know, and put the phone down on me. Should I send a letter ? meanwhile my husband is informing Visa of the situation.
Shall I quote the sales of goods act ?
I would do everything in writing from now on, on goodold-fashioned paper in an envelope with a stamp on it. Send everything byrecorded delivery and first class post.
I would tell themthat they are in breach of the Sale of Goods Act in that the goods are not fitfor purpose and not of satisfactory quality, because there is a known faultwith reading the dials., I would tell them that they are also in breach of contract for the same reasons
I would tell themthat you want a full refund and invite them to come and collect the equipment.I would tell them that unless they refund you in full, you reserve the right toget an alternative similar appliance and if it is expensive, claim the extrafrom them in addition to the original value of the appliance. They contract itto supply an appliance at a price, and they breach of contract. You areentitled to an appliance of satisfactory quality and fit for purpose at theprice agreed. If you have to pay more to get a satisfactory piece of kit, theyare liable for it.
Hopefully, thecredit card company will sort this for you, if you don't want to issue SmallClaims Court proceedings yourself. If you do issue Small Claims Courtproceedings, they are against the supplier quite easily at www.moneyclaim.gov.uk
if you do issueproceedings, you need to tell them exactly how much you are claiming and whyBEFORE you wish you proceedings. I would not be entering into lengthycorrespondence.
Thank you for the reply. In future I shall put everything in writing and send by recorded delivery.
Just one point the oven has been fitted into the kitchen, although it was purchased from them in August ,we did not move in until December 1st.
The oven has been used 4 times, as it causes stress and rows.
We did not have a Christmas lunch, because we were afraid of leaving it whilst we went to church. Can we also claim for the electrical work ?
( fitting ) As stated earlier the Credit Card Company have been informed.
Do I need to get other people to confirm that it is impossible to read the dails ?
It is not the number of times that you have used the oven, it is the length of time you've had it. Although you appear to havebeen trying to sort this out for some considerable time. It would be worthwhilemaking a note of when you first contacted either the manufacturer or thesupplier with regard to the problem.
Photographs or independent evidence, including details of thetelephone conversation you already had with the manufacturer, where theyconfirmed the problem (ideally, have a note of who you spoke with them and whenyou spoke to them).
A letter from the installing electrician to say that the dials arenot visible would also help you, rather than from a friend or neighbour.Photographs will also be useful. Do a little search of the Internet to see ifanyone else has reported a similar problem and print off any useful threads.
Photographs would be useful.
By all means, if this goes to court, added the electricians cost to your claim and letthe judge decide if it is allowable or not.