Fridge Freezer: Sale Of Goods Act

fthl

in consumer contracts, unless there is something to the contrary in the t's and c's (for eg this contract is governed by the laws of... this contract is subject to the exclusive jurisdiction of...) then UK law should apply, generally the law where the contract is performed, or where the consumer is domiciled, will apply.

mikey72

Reasonable period for a fridge, freezer, or washing machine nowadays may well be three years.
I fix these (or rather don't, as after three years it's no longer worth it normally, a new one is a better option), and if you asked me ten years ago six years would have been normal expectation, now I would say three years is a fairly typical lifespan.
So the SOGA may be slightly outdated, but then again it would depend on the courts view.

Antispam

Indeed it would be on courts view but that said a large item like a FF should last longer than say a washing machine that gets hammered every day

I had problems last year with a FF made by Frigeair I got a independent report which proved it had an inherent design fault, sensor was in wrong place hence food spoilt due to ice building up and got it fixed plus £150 off Currys for spoiled food which I had prove not fictitious price.

They let me go go through small claims route and bottled it in end as they knew they were in wrong of course I didnt want to go that route and gave them more than enough opportunity

muggin5

Hi,

I just thought I might provide the forum with a bit of an update on this thread and see if anyone else can offer any constructive advice.

Its now been 7 weeks since the freezer on my £700 fridge freezer broke down (after 3 1/2 years) It has been diagnosed as terminal and unrepairable.

I was offered a contribution exchange from AEG where I could purchase one of their freezers for cost price. So we choose a model after careful consideration paid our £400 and the freezer was delivered yesterday. The model I wanted was out of stock so I was told that I would have to wait for 10 days as the due date (a rough guide and not accurate) suggested it would be available then

I took a day from work waited at home, emptied the fridge, disconnected the unit and moved it to a convient place (as recommended) the new freezer was brough into my house and I was asked if I wanted them to unpack it. They unpacked it and once side of the fridge freezer was scratched and the other side, the stainless steel was creased over, from underneath the chassis of the unit was buckled and basically it looked like it had been dropped from a pretty high height.

We rejected the freezer and it was taken away. I called AEG and was transfered to their distribution warehouse where they told me that they hadn't any stock for that unit or a due date. Then I was transferred back to customer care who explained that I could look at other models and get a quote. None of the other models are suitable and the customer care team member said he didn't know what he could do and that he would speak to someone else and asked if he could call me back in ten minutes. (at 1pm)

This morning, I still hadn't received a call so I rang them again, gave my reference number and the person said they would transfer me to the distribution warehouse to arrange delivery. I told the person that I had already done this and told them not to do that, I explained what had happened yesterday and I was told that they were the ones who need to deal with the exchange. I was transferred....

The guy at the distribution warehouse told me that they didn't have my item in stock and they don't have a due date and transfered me back to the customer care team.

I explain again... what had happened with all this and the person told me that they could only offer me an exchange on a freezer of my £400 contribution back. The person told me that because there is no due date on the product that it may actually never come back into stock and may be that it is being phased out.

Anyway, I have now been left with two options, choose another freezer or have my money back.

I am a bit disgusted with the whole situation now and I can't believe this is happening. Basically I have been without a fridge freezer for 7 weeks and I have nothing to show for it, in fact I have £400 of my very limited funds in their back account. I have taken time off work and spent lots and lots of time on their 08445 number, on hold a lot of the time.

I am now thinking that I should go and buy a £250 fridge freezer and get a 5 year warranty. I will tell my story to anyone who wants to listen. Basically write to any tv programme, radio show or newspaper to see if anyone wants to run my story. I am going to write the pixmania, AEG and include all the documents and details and suggest that they provide me with an alternative solution or I will seek legal action.

Rant over, Any thoughts?
Thanks

adam.mt

It doesn't appear to be going well for you does it!

Recommend you write to AEG, detailing you situation and see if they can assist. Make sure you're polite, try and be as clear as possible, and say what you expect, ie. date for model coming into stock or if it's to be discontinued then what will be it's replacement/nearest spec wise and when will that be available for delivery.

Taking a look at the Pixmania website, they are indeed French and covered by French law. Thus our Sale of Goods Act doesn't apply, French consumer laws do.

AEG's offer was a good will gesture. If they are unable to assist you further then by all means look up French law and pursue with Pixmania that way if it's applicable.

To be honest, beyond complaining to AEG that they've not handled this well (and since I don't know French law) I think you have little recourse. Perhaps a lesson or two for the future?