Can I ask for a replacement and not a repair for a faulty item?

[replacenotrepair]

I bought an expensive hair tool around six weeks ago. It has developed an issue (it starts smelling of burning and turns off after around two minutes of use).

The company have offered a repair. Can I tell them that I don't want a repair, I want a replacement? They have said a repair can take up to two weeks and I use the item daily.

I have a 1 year warranty.

I'd be the same as you and wanting a replacement.
A fault after 6 weeks is not really good enough, I'd actually be toying with the idea of a refund as it wouldn't fill me with hope for a new one.

I think as much as I can see why you would want a replacement, it would all be in the t&c's, also be careful because some companies' replacements are refurbished rather than new anyway.
There's no harm in asking, usually doing it on twitter where there is an audience helps get things resolved.

They are saying a replacement is not an option currently available to me even though their T&Cs say "repair or replacement".

Remind them their T&Cs say "repair or replacement" and ask them to send a replacement as you don't want to have to escalate to Trading Standards.

Can you not ask for a refund as the goods aren't fit for purpose? Check out MSE site, he knows everything 🙂

I think repair or replacement means a replacement if it can't be repaired..

But you have the argument that after 6 weeks, needing to be repaired shows it isn't fit for purpose.

Read the sale of goods act

I'm not 100% but I think within a set amount of time you have to accept a replacement if offered , if it's still not satisfactory you can then have a refund

Of course it depends on the company though. Some will just give you a refund no questions asked

OP, when you state "the Company" has offered a repair, is that the retailer?

Don't mention Trading Standards. Retailers know that TS don't deal with individual complaints and it makes you look a right numpty.

Are you dealing with the retailer or the manufacturer, or are they one and the same? You have statutory rights (against the retailer) as well as those granted by the warranty (against whoever granted it). In terms of your statutory rights, as the first fault has occurred after the first month*, the retailer may offer a repair, so long as it is not unreasonably inconvenient. You could argue that it is inconvenient to you, but ultimately it would be up to a court to decide.

Keep in mind that your rights don't end if you accept a repair, and you do have the right to reject if the item becomes faulty three times.

• There is a right to reject within a reasonable time. What constitutes a reasonable time is open to interpretation, but for a daily use item, 28 days is the accepted norm.

Read the sale of goods act

Only relevant if the purchase was over five years ago! Current law is the Consumer Rights Act.

Your contract is with the retailer to resolve issues. Ask for a replacement item under Sale of Goods act.

I purchased directly from the manufacturer.

They have said the repair can take up to 14 days which means I'll have to go out and buy something cheap to use in the meantime as I use this product daily.

I am more frustrated that they are saying that a replacement is "not an option" for me. I asked why it isn't an option and they haven't replied.

''Check what you should report to Trading Standards
You should report a business to Trading Standards if they sold you something:''
unsafe or dangerous, like an electronic appliance with faulty wiring
www.citizensadvice.org.uk/consumer/get-more-help/report-to-trading-standards/

Is it Remington straighteners 🤣

@Thelnebriati

Remind them their T&Cs say "repair or replacement" and ask them to send a replacement as you don't want to have to escalate to Trading Standards.

Repair or replacement isnt your choice, its their options.

As PP mentioned this isnt a TS issue

The law is clearly set out here, it's aimed at traders, but I think it's good. Which? also has good advice.

www.businesscompanion.info/en/quick-guides/goods

www.businesscompanion.info/en/quick-guides/goods/the-sale-and-supply-of-goods

The key bit is here:

Repair or replacement
When there is a breach of contract, but the consumer has lost or chooses not to exercise their right to reject goods, they will be entitled in the first instance to claim a repair or replacement.

Where a repair or replacement is claimed, the trader must do this at no cost to the consumer, within a reasonable time and without causing significant inconvenience.

The consumer cannot choose one of these remedies above the other if the chosen remedy is either impossible or disproportionate as compared to the other remedy. Also, once the consumer has chosen a remedy, they must give the trader a reasonable time to provide that remedy.

The remedies fail if, after just one attempt at repair or replacement, the goods still do not meet the necessary requirements. The consumer does not have to give the trader multiple opportunities to repair or replace, although they can do so if they wish. The remedies also fail if they are not provided within a reasonable time and without causing significant inconvenience to the consumer.

In either case, where repair or replacement fail the consumer is entitled to further repairs or replacements, or they can claim a price reduction or the right to reject. The same rule applies if both repair and replacement are impossible or disproportionate from the outset.

I'd ask for a full refund, and go and buy a replacement elsewhere.