Consumer Law Question
Discussion
Just wanted to check I'm not being given the runaround here.
Anyway, I bought a printer on 26/08/2017 from Tesco. It's worked fine for all it's life.
On August 14th I bought some new ink and printed out a bunch of postage labels. The printer then sat unused until the evening of August 23 when I went to print out my boarding passes for holiday. Obviously the printer decided it wasn't going to work. I emailed the boarding passes to a relative who printed them out for me and I collected them on the 24th August on my way to the airport.
We then went on holiday.
We got back this week and yesterday I dug out the receipt for the printer and found that the 1 year Tesco warranty expired whilst we were away. Great!
I got in touch with them to ask if they could help me considering the circumstances.
This was their reply to me via email:
"As you know, we guarantee all our electrical products for 12 months and, if an item develops a fault within this time, our Electrical Helpline are there to help. Although we believe the products we sell are of the best quality we can offer, there are occasions, like this, when a product doesn't last as long as we'd expect. Although it doesn't happen often, when it does, we want to offer our customers the best service possible.
Under UK Consumer law, when goods that over 12 months are found to be faulty because they were defective in manufacture, the consumer is entitled to a range of potential remedies which may include replacement but also a repair or partial refund.
We also work within the guidelines provided by Trading Standards, which makes sure there is fairness to both the customer and retailer.
Unfortunately, we’re unable to offer to repair your printer as the repair costs would exceed the value and therefore, the repair wouldn't be economically viable.
When, we’re unable to offer to repair or replace a product, a partial refund is normally offered. However, this depends on the circumstances.
We take into consideration the purchase date, the date the fault occurred and the price paid. This provides us with a intrinsic value.
As products like these decreases in value over time, I'm able to offer £15 partial refund this can be sent as a Tesco moneycard, or BACS transfer in to your bank account.
Whilst I appreciate that this is may not be the response which you were hoping for, I trust that having fully explained this to you that you understand our position on this matter. Kind Regards - Emma"
To be fair, the £15 is a nice gesture, I'm just a bit annoyed as I spent £30 on ink the week before it broke and I know a new printer probably won't use the same ink!
However, I was always under the impression that we got 2 years under EU rules or is that ruling trumped by Sale of Goods Act? I previously had a MacBook replaced under the 2 year rule so to hear its now 1 year is a bit confusing.
Am I being a bit daft?
Anyway, I bought a printer on 26/08/2017 from Tesco. It's worked fine for all it's life.
On August 14th I bought some new ink and printed out a bunch of postage labels. The printer then sat unused until the evening of August 23 when I went to print out my boarding passes for holiday. Obviously the printer decided it wasn't going to work. I emailed the boarding passes to a relative who printed them out for me and I collected them on the 24th August on my way to the airport.
We then went on holiday.
We got back this week and yesterday I dug out the receipt for the printer and found that the 1 year Tesco warranty expired whilst we were away. Great!
I got in touch with them to ask if they could help me considering the circumstances.
This was their reply to me via email:
"As you know, we guarantee all our electrical products for 12 months and, if an item develops a fault within this time, our Electrical Helpline are there to help. Although we believe the products we sell are of the best quality we can offer, there are occasions, like this, when a product doesn't last as long as we'd expect. Although it doesn't happen often, when it does, we want to offer our customers the best service possible.
Under UK Consumer law, when goods that over 12 months are found to be faulty because they were defective in manufacture, the consumer is entitled to a range of potential remedies which may include replacement but also a repair or partial refund.
We also work within the guidelines provided by Trading Standards, which makes sure there is fairness to both the customer and retailer.
Unfortunately, we’re unable to offer to repair your printer as the repair costs would exceed the value and therefore, the repair wouldn't be economically viable.
When, we’re unable to offer to repair or replace a product, a partial refund is normally offered. However, this depends on the circumstances.
We take into consideration the purchase date, the date the fault occurred and the price paid. This provides us with a intrinsic value.
As products like these decreases in value over time, I'm able to offer £15 partial refund this can be sent as a Tesco moneycard, or BACS transfer in to your bank account.
Whilst I appreciate that this is may not be the response which you were hoping for, I trust that having fully explained this to you that you understand our position on this matter. Kind Regards - Emma"
To be fair, the £15 is a nice gesture, I'm just a bit annoyed as I spent £30 on ink the week before it broke and I know a new printer probably won't use the same ink!
However, I was always under the impression that we got 2 years under EU rules or is that ruling trumped by Sale of Goods Act? I previously had a MacBook replaced under the 2 year rule so to hear its now 1 year is a bit confusing.
Am I being a bit daft?
Kuji said:
Were they genuine (same manufacturer) ink cartridges.
They form an integral (albeit disposable) part of the printer and typically include a small circuit board and they may have failed, not the printer itself.
The issue with the printer is that when you press the power button it turns on for 1 second then turns straight off. I've tried removing the ink and it does the same thing so I can't get the cartridges out. Ink was genuine.They form an integral (albeit disposable) part of the printer and typically include a small circuit board and they may have failed, not the printer itself.
paintman said:
Not relevant to your situation. Your item was purchased after 1/10/2015 so the Consumer Rights Act 2015 applies.
http://www.which.co.uk/consumer-rights/regulation/...
ETA I'm assuming the date of purchase you gave should actually be 26/8/2016?
Yes. 2016, my bad. Sorry!http://www.which.co.uk/consumer-rights/regulation/...
ETA I'm assuming the date of purchase you gave should actually be 26/8/2016?
BertBert said:
Probably. Here is Which's guide to the CRA http://www.which.co.uk/consumer-rights/regulation/...
If it were me, I'd write back pointing out that the printer failed within 12 months, you bought new ink (which isn't really relevant), the printer cost x and a new printer will cost y and see if they will up their £15. If not, take the money and run.
Bert
I did say this to them and they said they have to go by the date the fault was reported to them. I'll try your suggestion and see what they say. Thanks!If it were me, I'd write back pointing out that the printer failed within 12 months, you bought new ink (which isn't really relevant), the printer cost x and a new printer will cost y and see if they will up their £15. If not, take the money and run.
Bert
Edited by ashleyman on Friday 8th September 10:30
Zetec-S said:
paintman said:
Not relevant to your situation. Your item was purchased after 1/10/2015 so the Consumer Rights Act 2015 applies.
http://www.which.co.uk/consumer-rights/regulation/...
ETA I'm assuming the date of purchase you gave should actually be 26/8/2016?
As above, you have a right to expect it to last a reasonable length of time (more than a year and a couple of days), but you need to prove it was faulty at the time of delivery which will make it harder.http://www.which.co.uk/consumer-rights/regulation/...
ETA I'm assuming the date of purchase you gave should actually be 26/8/2016?
Edited by paintman on Friday 8th September 10:23
How much did you pay for the printer? Also, if you replace surely you could look for similar models which use the same ink cartridges?
I paid just under £100 for the printer and yes I could find one that uses the same ink but because the printer is broken and won't turn on, I cannot get the cartridges to move out of the home position to remove them!
Edited by ashleyman on Friday 8th September 10:49
Alucidnation said:
You should drag them through the courts if they won't play ball.
£100 is a lot of money these days and anything bought at that price should last a very, very long time.
I can't tell if you're being serious but I'm not taking Tesco to court over a £100 printer. I just wondered if I was in a good spot taking the £15 and ordering a new one from Amazon whilst smashing the old one to bits to get the ink out. Or if I had missed something and I was entitled to repair/replacement considering my circumstances.£100 is a lot of money these days and anything bought at that price should last a very, very long time.
Thanks for all the advice. I looked online for a solution to the problem and found a few suggestions, I tried everything listed including swapping the fused removing and replacing the power box in the back of the printer and neither worked. Another website suggested a paper jam but there's no paper in the machine which is why I then dug out the receipt as I planned to return it after doing my own basic troubleshooting.
I've drafted an email reply which is as follows:
Thanks for the reply Emma. Whilst I appreciate the sentiment I don’t think it’s very fair.
Firstly I’m surprised that Tesco would feel 12 months is an adequate life span of a modern printer. I’m disappointed that you will not honour the 12 month warranty even though the fault was present before this time limit was up and I have proof and evidence of this being the case. I’m also disappointed that nobody at the Tesco Electrical Helpline has requested this evidence to ensure my claim is genuine.
I’d expect a mid range printer to last more than 12 months. The Consumer Rights Act states that products should be ‘fit for purpose’ and clearly if the printer is failing in under 12 months it isn’t.
I purchased £30 worth of ink from a Tesco Store which is currently locked in the printer as it doesn't turn on. As you can see the cost of the printer which has failed + the cost to replace the ink stuck inside is substantial. Therefore I don’t think the £15 you’ve offered really covers my loss.
My household spend a lot in Tesco, we currently spend over £70 on our weekly shop which we have delivered, I fill my car up exclusively at your fuel stations which costs me £65 a tank usually once a week. I also have a Tesco Credit Card, so as you can see we’re a household that I'd assume Tesco would want to retain.
This isn't a question of money, I simply want my printer, which failed within the 12 months, replaced under warranty.
I don’t feel this is too much to ask and I hope you agree.
I've drafted an email reply which is as follows:
Thanks for the reply Emma. Whilst I appreciate the sentiment I don’t think it’s very fair.
Firstly I’m surprised that Tesco would feel 12 months is an adequate life span of a modern printer. I’m disappointed that you will not honour the 12 month warranty even though the fault was present before this time limit was up and I have proof and evidence of this being the case. I’m also disappointed that nobody at the Tesco Electrical Helpline has requested this evidence to ensure my claim is genuine.
I’d expect a mid range printer to last more than 12 months. The Consumer Rights Act states that products should be ‘fit for purpose’ and clearly if the printer is failing in under 12 months it isn’t.
I purchased £30 worth of ink from a Tesco Store which is currently locked in the printer as it doesn't turn on. As you can see the cost of the printer which has failed + the cost to replace the ink stuck inside is substantial. Therefore I don’t think the £15 you’ve offered really covers my loss.
My household spend a lot in Tesco, we currently spend over £70 on our weekly shop which we have delivered, I fill my car up exclusively at your fuel stations which costs me £65 a tank usually once a week. I also have a Tesco Credit Card, so as you can see we’re a household that I'd assume Tesco would want to retain.
This isn't a question of money, I simply want my printer, which failed within the 12 months, replaced under warranty.
I don’t feel this is too much to ask and I hope you agree.
Edited by ashleyman on Tuesday 12th September 01:05
mjb1 said:
ashleyman said:
I’d expect a mid range printer to last more than 12 months. The Consumer Rights Act states that products should be ‘fit for purpose’ and clearly if the printer is failing in under 12 months it isn’t.
Where you mention this bit in your reply, you could also point out that it's had relatively light, domestic use (which presumably it has, and not sat in an office doing reams of donkey work).Also, I wouldn't say "I want the printer replaced under warranty". They weren't under obligation to replace it inside 12 months, only repair it (although they/manufacturer might well have just replaced it, for cost effectiveness to them). They're unlikely to replace/fully reimburse you (and you have had almost a years use out of it, what would it be worth on the second hand market by then?), but your statement makes it sound like you'd be unwilling to settle for anything less. So I'd say something more along the lines of the £15 offer not being satisfactory, and you expected more from them. Gives them the opportunity to meet you somewhere amicably in the middle.
Thanks for the reply Emma. Whilst I appreciate the sentiment I don’t think it’s very fair.
Firstly I’m surprised that Tesco would feel 12 months is an adequate life span of a modern printer. I’m disappointed that you will not honour the 12 month warranty even though the fault was present before this time limit was up and I have proof and evidence of this being the case. I’m also disappointed that nobody at the Tesco Electrical Helpline has requested this evidence to ensure my claim is genuine.
I’d expect a mid range printer to last more than 12 months, especially one that’s only been used a handful of times in the home. The Consumer Rights Act states that products should be ‘fit for purpose’ and clearly if the printer is failing in under 12 months it isn’t.
I purchased £30 worth of ink from a Tesco Store which is currently locked in the printer as it doesn't turn on. As you can see the cost of the printer which has failed + the cost to replace the ink stuck inside is substantial. Therefore I don’t think the £15 you’ve offered really covers my loss.
My household spend a lot in Tesco, we currently spend over £70 on our weekly shop which we have delivered, I fill my car up exclusively at your fuel stations which costs me £65 a tank usually once a week. I also have a Tesco Credit Card, so as you can see we’re a household that I'd assume Tesco would want to retain.
I simply want a printer that works and I don’t think the £15 is a satisfactory resolution to my problem.
Their reply:
I can understand your frustration with the situation, but as my colleague Stuart has advised, we can only take the date the fault was reported to us as the date the fault occurred, which was outside of your 12 months warranty, as such an out of warranty claim was processed. Fit for purpose means the item can not perform its primary function out of the box, your printer has simply developed a fault after over a year of use. The claims process would only take into account the printer itself, not any accessories/consumables I'm afraid, as such, we would not be able to offer compensation for the ink inside of the printer. However, we do not require the printer after the claim has been processed, so you can use any means necessary to try and retrieve the ink cartridges. Please let me know if you wish to continue with the claim.
I'll take the money. Smash the old one to bits and get the ink and re-buy the same printer of Amazon as it's now on sale for £39.99.
I can understand your frustration with the situation, but as my colleague Stuart has advised, we can only take the date the fault was reported to us as the date the fault occurred, which was outside of your 12 months warranty, as such an out of warranty claim was processed. Fit for purpose means the item can not perform its primary function out of the box, your printer has simply developed a fault after over a year of use. The claims process would only take into account the printer itself, not any accessories/consumables I'm afraid, as such, we would not be able to offer compensation for the ink inside of the printer. However, we do not require the printer after the claim has been processed, so you can use any means necessary to try and retrieve the ink cartridges. Please let me know if you wish to continue with the claim.
I'll take the money. Smash the old one to bits and get the ink and re-buy the same printer of Amazon as it's now on sale for £39.99.
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