Warranty Advice Needed Please

onetwothreefour on 11/05/2020 - 19:30

Hi all,

I purchased a cooktop from mytopia ebay store on 27/04/2019 and on 27/04/2020 after we'd finished cooking dinner and turned it off the glass cracked. The crack is very big and goes right round one of the hobs that we don't use that often.

I contacted mytopia who initially said they'd send out a replacement glass and partial refund of $50 which I was happy with but after a couple of days they said they couldn't get a new glass so would need to give me a partial refund of $143, I originally paid $191 after some ebay discounts. I replied and said I wanted a full refund as it was still under warranty but they said they couldn't and offered $150. I told them I wasn't happy with that and they replied with the following:

Unfortunately, we cannot provide a Full Refund as we have assessed. A full refund is not always on offer as the right to a refund is generally limited to a reasonable time after purchase.

As the purchase was made on 27 April 2019, a business may take into account how much time has passed since the product was purchased and this is in line with Australian Consumer Law.

In this case, we only offer you a reduced refund of $150.00. Otherwise, we can provide you a full store credit that you can use at our Mytopia Website.

Can they do this? Should they be offering either a replacement glass or a full refund? It's only $40 and I know it was a cheap cooktop but it should have lasted longer than 12 months and now I have to buy a new one to fit the hole in my benchtop and also pay an electrician to come out and install it.

Thanks for any help.

Electrical & Electronics

Comments

  • WoodYouLikeSomeCash on 11/05/2020 - 19:32
    +2

    That sounds illegal to me, I’d try opening a dispute with eBay.

    • JimmyF on 11/05/2020 - 19:41
      +2

      that only lasts 6 months.

    • SnoozeAndLose on 11/05/2020 - 19:54
      +2

      No need to try eBay only has 60 days to open dispute, PayPal has 180 days.

      Only way is first to go to Fair trading, if the company co-operate then case solve, if not NCAT but it will cost you $51 application fee.

      • onetwothreefour on 11/05/2020 - 20:06
        +1

        Yeah I definitely wouldnt go that far for $40, looks like I'll be accepting the $150.

  • JimmyF on 11/05/2020 - 19:41
    +17

    Honestly having a ebay seller offer any warranty after that amount of time is just amazing!

    Honestly take the $150, you got a years worth of use out of it for $40 then. Should they refund the entire amount? Well yes, but your dispute period is over with ebay, so take what you can get now.

    • Belistic on 11/05/2020 - 19:45
      +4

      agree…

      If it was from a "Brick and mortar" store, it would be different, however from a ebay only store, I'd take what they're offering.

      • onetwothreefour on 11/05/2020 - 19:47

        Looks like they have a shop in Penrith, too far for me to travel for $40.

    • onetwothreefour on 11/05/2020 - 19:45

      Yeah but I have to buy a new one, obviously I'll be spending more this time with a proper shop and also paying an electrician again to remove the old one and installing a new one. It's annoying more than anything and they should be doing the right thing.

      • Belistic on 11/05/2020 - 19:53
        +3

        Even if you had purchased a more expensive cook top and it failed and they replaced it, wouldn't you still have to pay for an electrician again?

        • onetwothreefour on 11/05/2020 - 20:01

          Well I bought an Omega oven from the good guys around the same time as we refurbished the whole kitchen and that broke recently and they sent someone out to fix it under warranty.

          Also, there would be more chance of them sourcing a new glass if it was a more well known brand which I could probably change over myself.

      • Hybroid on 11/05/2020 - 19:57
        +5

        You got an entire year's worth of use out of it and you're technically out of 12 months warranty (expired day before). I reckon they're doing right by you offering an almost full refund considering there's no indication it was manufacturing error rather than potential defect arising from usage. Take the $150 and move on.

        • onetwothreefour on 11/05/2020 - 20:03
          -2

          I guess as that is what the majority are saying it's what I'll end up doing but they didn't even ask how the glass broke, their first reaction was to give me $50 and a replacement glass so almost like they expect this to happen.

          • Hybroid on 11/05/2020 - 20:04
            +6

            @onetwothreefour: Not really. I'd say that's pretty good customer service not to hassle you for proof, but straight away trying to make things right. Never heard of them before but sounds good.

    • taoz on 11/05/2020 - 20:07
      +2

      agree,

  • stratbargain on 11/05/2020 - 19:45
    +2

    Normally I'd say fight but with it so close to the end of the warranty AND with it being cracked glass I'd just take the $150 and move on….. It wouldn't surprise me if you try and fight for a full refund if they turn around and say they've reviewed the issue again and cracked glass is not covered under warranty and is caused by the user.

    Take the $150

  • Seraphin7 on 11/05/2020 - 19:59
    +2

    Theoretically, they probably should offer you a full refund.

    Practically, take the $150 and count your blessings.

  • onetwothreefour on 11/05/2020 - 20:15

    Ok guys, thanks for all your advice.

    Majority rules so I will take what I've been offered and not worry about it anymore.

    • JimmyF on 11/05/2020 - 20:53
      +2

      Wise choice…. Honestly its about picking which battles to fight and I don't think this is one worth fighting.

  • whooah1979 on 11/05/2020 - 21:09
    +1

    mytopia

    These guys sell cheap and nasty items.

    Source > a gazebo and two petrol tools worth hundreds of dollars each. All faulty within 12 months.

    • onetwothreefour on 11/05/2020 - 21:15

      Lesson learned, will be buying a known brand from a proper shop next time.

  • Oz em on 11/05/2020 - 21:58

    Go to consumer and business affairs.

    I got a full refund on a 5 year old washing machine that was 3 years out of warranty.
    You are entitled to a full refund in this case.

  • Capo93 on 11/05/2020 - 22:41

    Many factors come into play with glass cooktops cracks and breakages. Had something recently been dropped onto the glass which has compromised the glass? Maybe not by yourself but kids, hubby etc?

    Glass cracks after cooking are obviously heat related. Have you using a pot or pan to big for the zone? We’re you using a wok or similar rounded edge pan?

  • Almost Banned on 12/05/2020 - 00:11

    The relevant issue is whether it is outside of the rejection period.
    The rejection period is essentially the period within which the failure would have become apparent.
    In your case I would suggest the failure was latent, sudden, and catastrophic - so the fault only became apparent when it failed - the same time you rejected it.

  • alvian on 12/05/2020 - 13:21
    +1

    Can they do this? Should they be offering either a replacement glass or a full refund?

    Yes they can. They should offer a replacement glass but failing that they should offer a refund. The refund amount can take into account the length of time for which it is reasonable for the product to be used and the amount of use it could reasonably be expected to tolerate before the failure becomes noticeable. https://www.accc.gov.au/consumers/consumer-rights-guarantees…

    You can also get it repaired elsewhere and pass on the costs to the business. https://www.accc.gov.au/consumers/consumer-rights-guarantees…

  • fishka2 on 12/05/2020 - 23:47

    Manufacturers warranty and extension under Consumer Law are 2 different things. First implies repair, replacement or full refund unless otherwise stated in Warranty policy. The second, simply put, extends the warranty to a REASONABLE term with depreciation taken into account.
    Enforcement of either is completely different matter though. I would try a Letter of Demand stating additionally your intent to claim all associated installation costs and legal fees. If you accept their $150 offer u will hardly have any recourse later.
    Btw, does anyone know when the warranty begins, date of invoice or date of delivery/installation??

Login or Join to leave a comment
Login Join