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24-01-2020, 21:00   #1
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Do I have a right to a replacement/refund?

I bought a Miele vacuum cleaner last March in Power City and there has been multiple problems.

The first issue is with the telescopic pole. When in use, the pole kept contracting.

I brought it back to the seller and they replaced the pole after 2 weeks.

A few months later, this time the head broke. Again, I brought this back to the seller and the head was replaced.

In each case, I would have to bring the entire vacuum to the shop and it would be booked with Miele.

Now the same problem has arisen with the telescopic pole again.

I feel this product is not of merchantable quality and I want a replacement/refund.

Power City, on the other hand, are refusing to offer a replacement/refund and are only offering to replace the pole. I have explained that this was replaced before and I don't have the full confidence this is not going to happen.

It's worth pointing out that the vacuum is only used once a week and is kept in a safe location.

What are my rights in this case?

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24-01-2020, 21:30   #2
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Repair must be effective and if not, its refund or outright replacement - but a replacement is likely to have exactly the same issues.

However, you will have to argue this, possible as far as Small Claims, with Powercity. Miele are not legally involved in that dispute.
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25-01-2020, 08:52   #3
Slippin Jimmy
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You would be entitled to what you are looking for. Do you have any documentation to show the SCC of the previous repairs/replacements?

If you have a look on their website it will tell you how to file a claim online. Pretty straight forward. I have dealt with them in the past and everything went in my favour.
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25-01-2020, 08:58   #4
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From the consumer protection website:

"If an item has a fault and the business offers to fix it, the repair should be permanent and the problem should not reoccur. Where the same fault happens again, you can ask for a replacement or a refund. The business is not allowed to insist on doing a certain number of repairs before they offer you a replacement or refund."

Your repair wasn't permanent so they can't off to repair again. I think I'd give Powercity one last chance, go armed with your rights, then it's small claims court I think.
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27-01-2020, 16:21   #5
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Excellent advice guys.

I'll have another go with PowerCity.
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