Defective appliance - am I entitled to a replacement?

I'm hoping someone will be able to answer the question in heading. Last June I purchased a very expensive coffee machine - I'm embarrassed to say how much! Anyway, it used to make beautiful crema espresso and cappucino but now there's a second problem.

The first was about a month after purchase and the salesman came out to my house and unclogged the machine - it wasn't working properly. In the last week or so it started mal-functioning again - wouldn't suck up milk for cappuccino, deliver steamed milk or even water but still makes espresso. I rang the shop and the sales person told me it will be collected tomorrow and they'll see if it can be fixed and, if not, it'll be replaced. All that will take two weeks. I was told to pack it well - "so it can be safely dropped a metre"!!! Having just spent several hours trying to pack it securely (it weights about 20 lbs or more) I am fed up! Hunting for a box big enough etc etc.

I now feel I should ask for a replacement and if they won't do that ask for my money back - though I'd be happy with it if it worked properly. I've also begun to think that even if they fix it this time, how do I know it won't break down again. The question is - am I entitled to ask for a new replacement? Is anyone expert in consumer rights? Please give me your opinion. I've never exchanged or returned anything ever before so am in the dark regarding usual practice. Not a sale item either!

You're entitled to a replacement, but they're also entitled to offer to fix it first. Failing that they can then give you a replacement. I think the two week timeline is reasonable (there is no specific legislation on timelines). However, you should keep in contact with them over the two weeks.

If when you get it back and it's working - then fine. If it's not, then you can reasonably ask for a replacement - however, they can still offer to try to fix it again. It's down to your negotiating skills at this point in time as there are no hard and fast rules on when replacement should kick in instead of repairing.

I would be wary however, about the comments regarding the dropping of the machine from a 1m height. Whenever you do hand over this machine to them to be fixed, make sure you get some sort of receipt confirming that it's in good order when it left your possession.

I don't understand why they would make that kind of stipulation, but you should just cover yourself in case they've dropped stuff before.

Sorry for not getting back - thanks for that advice ronan_d_john on Consumer Rights. It was good to know they were entitled to offer a repair. It's gone back now so I hope to get an update soon. I also phoned the UK Distributor and unexpectedly spoke to a man who said he was the owner of the company. He said he'd follow it up with the repair people here but he didn't commit to saying I'd get a replacement - if it can't be fixed. Seems I'll have to accept the repair though wouldn't be too happy with a problem machine after only three - four months use. It has a two year guarantee too. I'll bear in mind what you said about negotiating skills but, if it should break down again, I really will be !

I read your reply too late to ask for a receipt. Seems I could have got a packing box from the UK - only £20Stg + postage!

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Have a read of the above which may help.

sherib said:

I also phoned the UK Distributor and unexpectedly spoke to a man who said he was the owner of the company. He said he'd follow it up with the repair people here but he didn't commit to saying I'd get a replacement - if it can't be fixed.

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You can chance your arm speaking to the distributor, but remember, your contract when you purchased the item was with the original shop, and not the distributor.

And remedy to this situation should come from the shop itself, and you should make sure they themselves don't try to pawn you off on the distributor, the manufacturer, or the people repairing the item. It is only the shop you should be dealing with.