M.FI kitchen refund?help!

[lynxx]

Hi,

Can anyone please tell me what my rights are as I purchased a kitchen from mfi 2and a half yr ago but i did not sign the completion form as it was an absolute mess.
The big wigs from mfi came out an offered to re-do it but at the time my husband passed away.
I have the warranty/insurance but i would like a refund. Is it too late?

Thanks guys,

Lynne

[Buenchico]

(2-part post):

It's probably too late for a refund.

Your right to a refund, in respect of defective goods or services, only lasts until the point when you've legally 'accepted' them. This period isn't fixed. If say, you bought something like a stereo system, the pre-acceptance period might only last for a day or two. (i.e. just long enough for you to get the system home and check that everything is working). For other items, the pre-acceptance period can be much longer. For example, you might buy a car in November and not discover until spring that the air-conditioning doesn't work. It could then be argued that you'd not yet accepted the car because you hadn't had time to check that everything was working. (That's not just a theoretical example; it's actually been tested before the courts).

If you've been in continuous dispute with MFI since you bought the kitchen, then it's clear that you've never legally accepted the kitchen, and your right to a refund remains in place. However, if you reached a point where MFI seemed to have put everything right (so your thought that your problems were over) or where you said to them 'OK, I suppose it'll have to do', then you've accepted the kitchen and you no longer have a right to a refund (even if all of the doors fell off and the drawers completely disintegrated just a week later).

[Buenchico]

Once you've accepted goods that you've purchased, you have the right to expect the retailer to remedy any problem, which is due to an inherent fault (such as poor workmanship or poor quality components) for up to 6 years from the date of purchase. For the first 6 months there's an automatic assumption (unless there's clear evidence to the contrary) that any problem is due to an inherent fault. Thereafter, it's up to the purchaser to show (based upon the balance of probabilities) that the most likely cause of the problem is an inherent fault. (In the case of your kitchen, that's probably fairly obvious, especially as you've already reported defects to MFI).

The retailer is obliged to remedy the fault by either repairing the item or by replacing it. (i.e. he's not obliged to offer a refund although, of course, there's nothing to stop him doing so). The customer can indicate which of those two options is preferred but the retailer can substitute the alternative remedy if the customer's preferred remedy is not economically viable.

I very much doubt that you've got any legal right to a refund. (If MFI haven't heard from you for a couple of years, they could reasonably argue that you must have accepted the kitchen). However, that doesn't mean that you can't push to get one. Try mentioning that you intend to bring the matter to the attention of the media; that might just do the trick.

Good luck!

Chris

[gouldc]

And MFI are known in the trade as More F@@king Idiots - says it all really