What is a reasonable number of attempts to repair before getting a replacement?

Rowley Birkin QC

Long story short I've had to send a computer monitor back to Medion twice for repair.

First time it came back in exactly the same condition.
Second time it came back completely dead.

Both times it had to got to Germany for inspection.

Have just been on the phone to their UK center who want to collect it a third time and send it for "proper testing" in the center there. This will take another 3 weeks bringing the total time period for this farcical exercise to over 9 weeks.

What are my rights here if it comes back dead a third time? I have tested other monitors/cables/machines and each time the Medion unit is the faulty component.

I should add that this was purchased from Aldi who wanted nothing to do with it when I went into the store.

pleasant Co.

Replace/Refund.

You've already had the attempted repair and it's failed (twice), you're well within your rights to push for a refund (it's unlikely aldi still stock this, right?)

Just be assertive, highlight that 2 repairs have failed and that you are not satisfied, there really shouldn't be a problem unless you've lost your receipt.

P. Breathnach

Assuming the fault was serious (i.e. the machine did not function, as opposed to something like an irritatingly-loose key), there is a traditional view that the vendor is entitled to one shot at repair, after which they should apply another remedy, which is replacement or refund of your money.

The water has been muddied by your dealing with the manufacturer rather than the retailer. At this stage, I think you should avail of consumer rights law rather than manufacturer's warranty: go back to Aldi and demand that they sort things for you. Tell them a repair is not acceptable as the manufacturer has already demonstrated an inability to perform an effective repair.

caspa307

Rowley Birkin QC wrote: »

Long story short I've had to send a computer monitor back to Medion twice for repair.

First time it came back in exactly the same condition.
Second time it came back completely dead.

Both times it had to got to Germany for inspection.

Have just been on the phone to their UK center who want to collect it a third time and send it for "proper testing" in the center there. This will take another 3 weeks bringing the total time period for this farcical exercise to over 9 weeks.

What are my rights here if it comes back dead a third time? I have tested other monitors/cables/machines and each time the Medion unit is the faulty component.

I should add that this was purchased from Aldi who wanted nothing to do with it when I went into the store.

i used to work in carphone warehouse and theirs a thing where it has to go back 3 times before we could replace a phone BUT if after the second time it was faulty within 7 days we could replace it so maybe try that

Rowley Birkin QC

Mactard wrote: »

Replace/Refund.

You've already had the attempted repair and it's failed (twice), you're well within your rights to push for a refund (it's unlikely aldi still stock this, right?)

Just be assertive, highlight that 2 repairs have failed and that you are not satisfied, there really shouldn't be a problem unless you've lost your receipt.

I was as assertive as I could be without losing my cool. I've asked for written confirmation that if the monitor comes back dead next time that they will send a replacement. My real bugbear is that it's going to take the bones of 3 weeks to get to this point. They aren't collecting it until next Thursday, likely to keep it for a week and it will take 3-5 days to get back to me.

P. Breathnach wrote: »

Assuming the fault was serious (i.e. the machine did not function, as opposed to something like an irritatingly-loose key), there is a traditional view that the vendor is entitled to one shot at repair, after which they should apply another remedy, which is replacement or refund of your money.

The water has been muddied by your dealing with the manufacturer rather than the retailer. At this stage, I think you should avail of consumer rights law rather than manufacturer's warranty: go back to Aldi and demand that they sort things for you. Tell them a repair is not acceptable as the manufacturer has already demonstrated an inability to perform an effective repair.

Yes, fault was serious. The monitor simply became unusable due to the backlight flicking on and off. I might try that with Aldi when I get home at the weekend, we still have the receipt.

caspa307 wrote: »

i used to work in carphone warehouse and theirs a thing where it has to go back 3 times before we could replace a phone BUT if after the second time it was faulty within 7 days we could replace it so maybe try that

Have asked for written confirmation that a new unit will be send if it comes back as a dud again.

I hadn't actually considered asking for my money back as I simply want a working monitor, might try that.

Thanks for the replies.

P. Breathnach

Rowley Birkin QC wrote: »

...
Yes, fault was serious. The monitor simply became unusable due to the backlight flicking on and off. I might try that with Aldi when I get home at the weekend, we still have the receipt.
...

Sometimes floor staff don't understand the firm's legal obligations; you might need to ask for the manager.

foggy_lad

caspa307 wrote: »

i used to work in carphone warehouse and theirs a thing where it has to go back 3 times before we could replace a phone BUT if after the second time it was faulty within 7 days we could replace it so maybe try that

This thing is nothing more than a shop policy and can not be used to replace the rights of a consumer. All repairs should be permanent so if a repair does not work the customer can reasonably request a refund or replacement although with places like carphone warehouse that might take a trip to the small claims court.

Lyn256

To be honest most shop staff are not trained in consumer rights and often shops have policies that contravene consumer law.

Repair must be permanent-that is one repair and then you can look for a replacement or refund

this might help

Taken from www.consumerconnect.ie
Faulty goods – your rights

Where goods turn out to be faulty and where you are not to blame, you have a number of options under consumer law. Faults with goods may be major or minor and present different issues for particular products.
If the fault is major, for example if you buy a mobile phone and it stops working shortly after you start using it due to a major fault with the phone, you have the option to reject the goods and rescind (end) the contract.
If the fault is minor, for example a button is missing from a piece of clothing you bought, you have the option to request a repair, replacement, a reduction in the price you paid or a refund. However, if the trader refuses to meet your requests or there is an unreasonable delay in providing one of these remedies, then you have the right to reject the goods and rescind the contract.
Your contract is with the retailer or supplier who sold you the goods or products so if there is a fault, it is up to them to fix it. You may also have extra protection if you have a guarantee or warranty from the manufacturer.
What to do

You should return the faulty item to the seller as soon as possible and explain what the problem is. If you think it might be useful, print out the page and bring it with you. If you have a complaint about faulty goods, shop notices such as "No Refunds" or "No Exchanges" do not limit your rights. Some shops display these notices, particularly during the sales, but this does not take away your rights under consumer law if the goods are faulty.
Reject & rescind

When you buy goods, you enter into a contract with the seller. If those goods turn out to be faulty and the fault is major, you are entitled to reject the goods and rescind (end) the contract. If you simply reject the goods, for example, a broken bill-pay phone, you may still be tied into a contract unless you demand to cancel it without any penalty fees.
This option is complex and can depend on a number of factors. For example, the severity of the fault, the length of time since you bought the goods, and the inconvenience caused to you as a result of the fault. If a fault occurs within the first 6 months of purchase, it is assumed that is was there at the time of sale. It is important to remember that if you caused the fault, the trader is under no obligation to offer you any type of compensation.
Repair

If you request a repair of a faulty product instead of rejecting it, it should be a permanent repair. If the same fault occurs again, then you should be entitled to a replacement or refund. If you are not happy with the retailer’s offer to repair the item, you can reject it. But if you do this, you may have to use the Small Claims process if you want to take the matter further.
Remember, the retailer may charge you for the repair if you have been responsible for the damage to the product.
Replacement

If you opt for a replacement, it should be the same as the item you bought, or of similar quality and price.
You should not have to pay extra for a replacement and should be given the difference in price if the replacement costs less than the item you originally bought.
Refund

If you opt for a refund, this can be in cash or by cheque, or the retailer can refund your credit or debit card account if you used one to buy the item. You do not have to accept a credit note or voucher as a refund as they are not equivalent to cash. You can choose a refund instead.
Other options

You have the option to use the Small Claims process as long as the claim does not exceed €2,000. The application fee is €25 and the service is provided in your local District Court.
If you paid for the goods by credit or debit card, your card provider may agree to reverse the transaction. This is called a chargeback. Contact your provider immediately and give them details of your transaction.
If you have any queries about your options, you can contact us.
Remember:

• You have no rights under consumer law if you change your mind about the goods you have purchased. However, some shops may offer you an exchange as a gesture of goodwill
• The shop is entitled to request proof of purchase, but this doesn't necessarily have to be the shop receipt. You could show your credit or debit card statement if you used one or any other documentation that proves it was purchased in that particular shop or retail chain

If you received the item as a gift, you will need to have a proof of purchase if you need to return it to the seller for any reason. This can take the form of a gift receipt, which you may need to request from the person who bought the item.

Rowley Birkin QC

So Medion rang me back today and said they still can't replicate the fault, utterly infuriating as I cannot replicate their results at my end!!

They insist that they will be sending back the monitor again. I've tried ringing ALDI directly to see can they sort it out for me in terms of a refund but can't get to speak to anyone.

Unfortunately I was on my way into a meeting when the guy from MEDION rang so didn't have long to argue my case. Have asked for another call this evening but have received none as yet and they can't give a callback number for me to get in touch with them.

Any advice welcome.

As an aside, I had a missed call from a UK number this morning. Tried ringing it back and it wouldn't work. Took a guess that it was MEDION and rang the helpline only to be put through to Germany. He confirmed that the number that had called me was the repair centre. Explained that I wanted to call the UK repair centre back to be told this was not possible and that I should have paid more attention to my mobile phone. Asked to speak to a manager only to be told he did not have any. Utterly unbelievable.

Lyn256

From all the information that you have given and the fact that you have been given a MAJOR run around.
I suggest that its time to take it to the small claims court.
Its simply done by logging onto www.courts.ie
Just one thing to note-make sure you list your claim in the court where you bought your monitor.
It should be resolved in your favour in about 6/8 weeks
HTH
Lyn