After being sold a Nespresso coffee machine that wasn’t producing hot coffee, Kenneth Whitby struggled for a suitable solution from the manufacturer and the retailer, so he appealed to Which? Legal for help.
Following an in-store tasting demonstration, Kenneth and his wife purchased a £249 Nespresso coffee
Which? Legal member Kenneth Whitby
machine from John Lewis in November 2015. But after getting their new machine home, they found that the coffee it served wasn’t as hot as they’d tried in the store.
So they contacted Nespresso, who advised them to warm their cups and machine first. But this didn’t resolve the problem. So they appealed to John Lewis, who gave the same advice as Nespresso. John Lewis also said that the cardboard cups used in the demonstration would’ve kept the coffee hotter for longer than cups or glasses.
Unsatisfied with this response Kenneth went back to Nespresso to return the machine. Nespresso said its 30-day return policy had ended. Instead, they offered to inspect the machine, to which they concluded wasn’t faulty and advised Kenneth to complain to John Lewis.
Our advice on returning faulty goods
After being passed from pillar to post, Kenneth contacted Which? Legal for help.
We advised that Kenneth’s rights were governed by the Consumer Rights Act 2015 and actionable against the retailer, John Lewis, not Nespresso. Goods must match the model seen, and given that the coffee their machine produced was not the same as the coffee in the store there was an argument in his favour.
Armed with our advice Kenneth returned to John Lewis and got a full refund.
Consumer Rights Act 2015
Under the Consumer Rights Act 2015, goods must be of satisfactory quality, fit for the purpose and as described. You should expect your purchase to match the model seen, except where any differences are brought to your attention before purchase. If they aren’t, this may be a breach of contract under section 14 of the 2015 Act.
If there is a breach, you have 30 days from the date of possessing the goods to get a refund. The next remedy is a repair or a replacement. Where this would not remedy the breach you’d be entitled to a price reduction, or the final right to give it back and get a refund. If you’ve had the item more than six months, the retailer can consider how much use you’ve had from a product when assessing the refund amount.
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