Rusty cooker any rights??

Summer_Dreams · 10 October 2016 at 9:22PM

Hi

I bought a cooker from currys pc world online for £1000 a big range one it was on offer so bought it a bit before I needed Italy's have been having a lot of building work delays. I didn't open the package until a month after it was delivered as I did didnt want it to get damage and had no use for it. Upon opening noticed a load of bobbling around the dial area! I emailed them and they said nothing they could do as I should have reported it within 48 hours of delivery! I replied with a load of stuff about consumer rights act and not being fit for purpose and they said it says in their terms and conditions you should report within 48 hours nothing they can do!!!

Been really busy with so much going on that I put it to the back of my mind and it's been a couple of months since then but I still haven't actually used the cooker. Anyway someone today said maybe it is a protective film on it! So I went into currys shop this morning and asked if that was likely the problem and they said yes, try taking the film off. So I went home and had a close look, if there was a protective film it was very hard to tell but there was a large bubble that seeemed loose, I managed to slide it away but all the paintwork came away revealing a load of rust underneath!! I immediately went back into the store they said their system was down but they'd call me back. Which they did and said even the manufacture wouldn't take it back as they only do after 7 days from delivery!!

Not only is my dial area bobbly but there is a big chunk of paintwork missing now with rust showing underneath!! Do I have any rights! I haven't even used this cooker and I spent just over a grand on it!! Can anyone suggest anything??
I've be

agrinnall · 10 October 2016 at 9:34PM

It's important to know what you mean by "a month after it was delivered" - exactly how many days was it? 30 or less is good, more than 30 means taking a different tack. Ignore their bleating about 48 hours.

baza52 · 10 October 2016 at 10:30PM

if its gone rusty it must be getting damp.
Have you stored the cooker in a dry place?

Summer_Dreams · 10 October 2016 at 11:03PM

Thank you for your reply.

The cooker was delivered on the 29th June 2016, and I first emailed them on 29th July 2016.

agrinnall wrote: »

It's important to know what you mean by "a month after it was delivered" - exactly how many days was it? 30 or less is good, more than 30 means taking a different tack. Ignore their bleating about 48 hours.

Summer_Dreams · 10 October 2016 at 11:08PM

I don't know if it was rusty when it was delivered or it happened in the month before I opened it. Either way surely it shouldn't go rusty so easily??

It was stored in my extended kitchen which had windows and doors already fitted. The builders knocked through in May and promised it would be completed in a matter of weeks so I went ahead and ordered everything. The builders have still not completely finished thus I haven't yet used the cooker. Having issues with them too, but that's another thread!!

baza52 wrote: »

if its gone rusty it must be getting damp.
Have you stored the cooker in a dry place?

Zandoni · 11 October 2016 at 6:24AM

Just ask them to fix it under the years guarantee that came with it.

unholyangel · 11 October 2016 at 3:01PM

Summer_Dreams wrote: »

Thank you for your reply.

The cooker was delivered on the 29th June 2016, and I first emailed them on 29th July 2016.

Then you were still within the 30 days for outright rejecting for a refund. Remind them of this (that you have 30 days to reject goods under the consumer rights act and they cannot try to restrict this in any way - doing so may amount to a criminal offence).

129.The 30 day period begins the day after the latest of the following:

The consumer obtains ownership of the goods (i.e. the consumer buys the goods) or, for hire, hire-purchase or conditional sales, obtains possession.

The goods have been delivered.

If applicable, the trader has notified the consumer that any actions required before the goods may be used (including installation, if needed) have been completed by the trader.

Summer_Dreams · 19 October 2016 at 5:27PM

I've come to another dead end with this one!

Currys told me to contact Beko the manufacturer who after asking for proof of purchase and photos of the rust then said.

[FONT=&quot]I can see you have reported rust to your cooker, however this is not something we are able to assist on as it is a manufacturing repair warranty you have with us.[/FONT]
[FONT=&quot]
I apologise for any inconvenience regarding this. [/FONT]
[FONT=&quot]You can contact your retailers to advise as your consumer rights lie with them.
[/FONT]
Currys had previously said

In the terms and conditions that you excepted at the time of purchase state that any damage to the product must be reported to ourselves within 48 hours of delivery. As it was 30 days before you reported the damage, we will be unable to offer a refund or exchange.

Any idea what I can do next, my unused cooker is covered in rust!!??

Auntie-Dolly · 19 October 2016 at 7:09PM

Can't you tell them you've installed it and now it's gone rusty? Its a faulty item, not a problem with the delivery company.

Summer_Dreams · 19 October 2016 at 7:51PM

I've already told them it was rusty and been into them so many times it's unlikely they'll buy that. Plus it's still in its packaging, I only opened it to inspect and get serial number!

unholyangel · 19 October 2016 at 8:04PM

Summer_Dreams wrote: »

I've come to another dead end with this one!

Currys told me to contact Beko the manufacturer who after asking for proof of purchase and photos of the rust then said.

[FONT=&quot]I can see you have reported rust to your cooker, however this is not something we are able to assist on as it is a manufacturing repair warranty you have with us.[/FONT]
[FONT=&quot]
I apologise for any inconvenience regarding this. [/FONT]
[FONT=&quot]You can contact your retailers to advise as your consumer rights lie with them.
[/FONT]
Currys had previously said

In the terms and conditions that you excepted at the time of purchase state that any damage to the product must be reported to ourselves within 48 hours of delivery. As it was 30 days before you reported the damage, we will be unable to offer a refund or exchange.

Any idea what I can do next, my unused cooker is covered in rust!!??

As I said above, remind currys under law you have 30 days starting day after delivery to reject goods that dont conform to contract. They cannot limit or restrict this in any way and to attempt to limit or restrict it may amount to a criminal offence.

(1)A consumer who has the short-term right to reject loses it if the time limit for exercising it passes without the consumer exercising it, unless the trader and the consumer agree that it may be exercised later.

(2)An agreement under which the short-term right to reject would be lost before the time limit passes is not binding on the consumer.

(3)The time limit for exercising the short-term right to reject (unless subsection (4) applies) is the end of 30 days beginning with the first day after these have all happened—

(a)ownership or (in the case of a contract for the hire of goods, a hire-purchase agreement or a conditional sales contract) possession of the goods has been transferred to the consumer,

(b)the goods have been delivered, and

(c)where the contract requires the trader to install the goods or take other action to enable the consumer to use them, the trader has notified the consumer that the action has been taken.

http://www.legislation.gov.uk/ukpga/2015/15/section/22/enacted

Rusty cooker any rights??

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