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Miele Vaccum - repair or replace?

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  • 19-02-2012 4:51pm
    #1
    Sparkpea
    Registered Users Posts: 1,118 ✭✭✭


    I was bought a miele vaccum as a wedding present in may 2011 and the motor has started making a loud odd noise and smelling like its burning. I took it back to the shop that it was bought in yesterday with the receipt and they have told me they need to send it away to get fixed.

    I was expecting a direct replacement - should I not be given one? Its well within the 2 year guarantee period.

    I explained to the agent that we obviously need a hoover and cannot be without it for long because we bought the best one we could for allergies etc because our baby has chest problems and its used daily to help with his breathing but they cannot tell me how long I'll be without a hoover for :-/

    Am I not within my right to request it to be directly replaced with a new one?


Comments

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    #2
    Nonoperational
    Registered Users Posts: 7,401 ✭✭✭Nonoperational


    No. Repair replace or refund, but not at your choice. Repair is usually the first thing they try.


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    #3
    sandin
    Closed Accounts Posts: 1,594 ✭✭✭sandin


    If your car broke down after 9 months would you expect to be able to simply walk into the garage and get it swapped for a new car?

    1. Its probably a minor fault and will be fixed within a could of days.

    2. A warranty only covers a MANUFACTURING defect - the shop is not to know whether the fault is due to a defect or mis-use.

    The store has dealt with this in a 100% correct way.


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    #4
    Sparkpea
    Registered Users Posts: 1,118 ✭✭✭Sparkpea


    why if it was argos for example would they just directly replace it then :/


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    #5
    MissFlitworth
    Closed Accounts Posts: 8,057 ✭✭✭MissFlitworth


    Argos have really good customer-friendly policies when it comes to refunds & exchanges, but they're their own policies and not consumer law. You're well within your rights to ask for a replacement hoover but the shop are also perfectly within their rights to say no & send it for repair (or at least to check & see what caused the fault in case, as Sandin mentioned, it's a fault the customer has caused themselves).


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    #6
    slimjimmc
    Registered Users Posts: 7,786 ✭✭✭slimjimmc


    gpf101 wrote: »
    No. Repair replace or refund, but not at your choice. Repair is usually the first thing they try.

    But you do have the right to refuse an offer and push for another one. Neither party has the the right to impose a particular redress, it has to be negotiated.

    Consumer statutory rights allow for a replacement but it's not something you can just automatically expect. The warranty, which incidentally is additional to your rights, may entitle you to a replacement if that is permitted under the terms of the warranty contract.

    By the way OP, as you have received the goods as a gift you are not legally a consumer and therefore have no entitlements under consumer legislation (link 1, link2) even if the shop accepts the receipt. You may have rights under the warranty as most warranties are transferrable but only the original purchaser can force a statutory entitlement.


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