I bought my mother a coffee machine for Chanukah. She has used it four times and it has now stopped working. I contacted the shop and they have refused to replace it saying she has obviously broken it. Is this correct and do I have any way to get my money back or a new machine for her? It cost me £149 so wasn’t cheap.

What a nice present for your mother. The good news is the shop is wrong and you are entitled to a repair or refund. Any purchases made throughout the year, not just at Chanukah, are covered by two main pieces of legislation: The Consumer Rights Act 2015 and the Consumer Contracts Regulations. Over the holiday period shops often extend their refund time period for non faulty goods, acknowledging people may be bought unwanted gifts.
The Consumer Rights Act stipulates goods, both physical and digital, and services must be:
l Fit for purpose. They should be fit for the purpose they are supplied for, as well as any specific purpose you made known to the retailer before you agreed to buy the goods.
l As described. They must match any description given to you, or any models or samples shown to you at the time of purchase.
l Of satisfactory quality. Goods shouldn’t be faulty or damaged when you receive them.
If they are unfit for purpose, not as described or, as in your case, of unsatisfactory quality, then the law says you have up to 30 days to claim a full refund. You will need proof of purchase such as a receipt or bank statement and the protection only covers the original purchaser, not the recipient. Between 30 days and six months you must give the retailer an opportunity to repair or replace it before you can claim a refund and after six months you again must give them opportunity to repair or replace it before you can claim a refund. The burden of proof is on you to prove the product is faulty. The rules are different for digital downloads and perishable goods
In addition, the Consumer Contract Regulations covers goods and services, including digital downloads, bought at a distance. This means over the phone, online, from a catalogue or face-to-face with someone who has visited your home. This gives you the right to cancel, without reason, an item up to 14 days after receiving it. If it is a digital download you forfeit this right if you download within the 14 days and you have 14 days from signing a contract for a service to cancel it. You must receive a refund within 14 days of the retailer receiving the return, or by proof of postage.
You don’t say how you paid, but you may also be able to enlist your bank if you used a credit card under Section 75 of Consumer Credit Act or the Chargeback scheme for a debit card, which makes them jointly liable with the retailer if things go wrong. Good luck.


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