Faulty item from Tesco - they say go to manufacturer (2 years old)

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flyingfolly

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We purchased an air fryer from Tesco 2 years ago. I have the receipt and brought it back to them to ask for a refund/replacement but they said they only offer a 1 year warranty and that after that you have to contact the manufacturer.

However, as far as I'm aware, Irish consumer law states you have 6 years warranty and the seller must deal with the issue rather than manufacturer.

Can anyone confirm what is the correct process here?
 
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"You have a right to the remedies for at least 2 years under EU law. In Ireland, you have 6 years to use your right to a repair, replacement or refund"

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4. If the warranty expires I am snookered: This is one of the great myths peddled by shops and manufacturers. It is nonsense. Under European Directive 1999/44/EC, every country in the EU must ensure a retailer is liable for "non-conformities" which happen within two years of purchase. The Sale of Goods Act on the Irish statute books gives you even more power and covers goods for up to six years depending on what it is. If a washing machine or sofa, for example, falls apart through no fault of your own five years after you bought it, you can seek to have it replaced or repaired.

And in relation to them saying I need to talk to the manufacturer:

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5. The shop says you have to talk to the maker: This is another of the great myths of retail. Your contract – and we can't stress this enough – is always with the person you paid. If you buy a phone directly off Apple for example and something goes wrong, then you deal with Apple. But if you buy a phone off Vodafone or Three and it acts up, then they have to resolve the problem. You can choose to deal with the manufacturer but you can not be compelled to do so. This doesn't matter if the product is two weeks old or two years old.
 
Johnno75 said:
Interesting. Seems fairly clear.
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Crystal and has been so for years, certainly since joining the EU and maybe even before that.

Employees of UK retailers with Irish operations are confused, as in my experience, they are only trained in UK consumer law by their employers.
Same experience as @flyingfolly with TESCO and also with PC World. I soon disabused them of their consumer law knowledge deficit.

Reputable companies with retail operations in this country and a decent consumer orientation have no problem informing consumers of their legal rights in relation to the products they sell, before they ever spend a euro e.g. https://www.apple.com/ie/legal/statutory-warranty/ie/
 
It is not as simple as saying that the retailer is reponsible is responsible for up to 6 years. For example, they are not responsible for wear and tear. It depends on how often the item is used and how it is used. It depends on the expected lifespan of the item - some things will not even have a normal lifespan of close to 6 years. From Conor Pope, Irish Times, 9 April, 2018.

"If a fault arises within the first six months of purchase, it is presumed to have existed at the time of delivery and it is up to the seller to prove otherwise or provide remedies. After six months, the consumer may be requested to show that the lack of conformity (eg, a hidden defect) already existed at the time of delivery.....

Six Years?

Well, it does depend on multiple factors. The amount you pay for a product and the reasonable expectations as to how long it lasts are key here. If you spend €3,000 on a sofa and it falls apart after three years through no fault of your own then you can most likely seek redress under the Sale of Goods Act. Similarly if your spend €1,000 on a smart phone that just stops working after 14 months then you can seek redress. If the digital watch you bought for a fiver in a discount store breaks after five years , 11 months and 29 days and you wander in looking for a refund you can most likely whistle for it.....
Where a trader sells a faulty good to a consumer, and where the fault is not attributable to consumer misuse, the consumer is entitled to appropriate redress under either the Sale of Goods and Supply of Services Acts 1893 and 1980 or the European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003 (the CSD Regulations). It is important to note that goods are not expected to last forever but should be as durable as a reasonable consumer would expect.

The Sale of Goods and Supply of Services Acts 1893 and 1980 and the CSD Regulations respectively offer similar rights to consumers and impose similar obligations on traders.....
This legislation sets out that a product must be of merchantable quality, be fit for purpose, be as described and correspond to the sample (where appropriate). If the product develops a manufacturing fault, a consumer is entitled to seek a repair, replacement or refund and the seller of the goods (generally the retailer) is responsible for providing this redress."

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I would say a €100 air fryer that lasted 2 years a fair enough buy as long as it was used pretty regularly and would move on. I presume you did a fuse check/kick the tyres or whatever experts on fryers do to make it look like they know their stuff.
 
elcato said:
I would say a €100 air fryer that lasted 2 years a fair enough buy as long as it was used pretty regularly and would move on. I presume you did a fuse check/kick the tyres or whatever experts on fryers do to make it look like they know their stuff.
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Have to agree.
 
flyingfolly said:
Are we really at that point now where we think electronics lasting 2 years is "fair enough"? Christ...
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In the lower priced items I'd say that's a fair enough assumption. Like, where do you bring a radio or TV to get repaired? They're not a cheap item, but you'll mostly have to buy a new one. Electric kettles and toasters may last 6 months, a year, sometimes more but in general they're burnt out. Hair dryers, curling tongs and the like, I'm always hearing they don't work anymore in our house. Win some, lose some. As someone said, check the plug, fuse, or maybe a loose wire. Otherwise, good luck with the 6 year warranty.
 
mathepac said:
I take it then the consensus is that consumer law in Ireland is an ass?
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Maybe or maybe not. But it is not crystal clear that a retailer has to either repair or replace every item that has broken/malfunctioned/stopped in the first six years after sale. It is a lot more nuanced than that.
 
elcato said:
I would say a €100 air fryer that lasted 2 years a fair enough buy as long as it was used pretty regularly and would move on. I presume you did a fuse check/kick the tyres or whatever experts on fryers do to make it look like they know their stuff.
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And again here.
noproblem said:
In the lower priced items I'd say that's a fair enough assumption. Like, where do you bring a radio or TV to get repaired? They're not a cheap item, but you'll mostly have to buy a new one. Electric kettles and toasters may last 6 months, a year, sometimes more but in general they're burnt out. Hair dryers, curling tongs and the like, I'm always hearing they don't work anymore in our house. Win some, lose some. As someone said, check the plug, fuse, or maybe a loose wire. Otherwise, good luck with the 6 year warranty.
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and @noproblem here
 
Early Riser said:
Maybe or maybe not. But it is not crystal clear that a retailer has to either repair or replace every item that has broken/malfunctioned/stopped in the first six years after sale. It is a lot more nuanced than that.
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It is crystal clear. As long as it hasn't been misused, abused, dropped, driven over, etc by the purchaser.
 
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