Faulty fridge - refund - sale of goods act??

garyw73

Hi All,

We recently (end of June) purchased a Hotpoint fridge freezer online,
Last weekend my wife opened the door and it fell off! The hinge just disintegrated and the only thing holding the door on was a wire at the top of the door....
We initially contacted Hotpoint direct to get it repaired, but have since decided that we have no confidence in the appliance and want a full refund.
I contacted the online seller, who are insisting that Hotpoint still inspect the appliance before agreeing to a refund - what are our rights under the sale of goods act - am I correct in thinking that we can insist on a refund as we have had it for less than 6 months, and Hotpoint's opinion is immaterial as our contract is with the online seller....
Any help is gratefully accepted and if you need any other info please feel free to ask!

cyberbob

You cant insist on a refund the seller only has to refund or replace which is up to them which one. Hotpoints opinion isn't immaterial as they are the manufacturer. Wait for the inspection and see what the decision is.

Esqui

I love how people think that "losing faith" or "losing confidence" in something means they will be given a refund. It's very quaint, but I've got no idea where it comes from and why so many people think there's a legal basis for it. Not having a go at OP, it's just that their saying it reminded me.

But Cyberbob is almost correct - however, he forgot to mention that the retailer also has the option of a repair on the item. Which, presumably, is what they are doing.

neilmcl

Esqui wrote: »

I love how people think that "losing faith" or "losing confidence" in something means they will be given a refund. It's very quaint, but I've got no idea where it comes from and why so many people think there's a legal basis for it. Not having a go at OP, it's just that their saying it reminded me.

What they usually mean is "I'm glad it's broken because I've seen a better model since buying mine and I'd like an excuse to get that one instead".

Hintza

The hinge has a manufacturing fault and you "lose confidence" in the fridge?

I suspect they will replace the hinge. You might want to get the both/all changed but that is about all you are due.

smcaul

cyberbob wrote: »

You cant insist on a refund the seller only has to refund or replace which is up to them which one.

Completely, utterly and totally incorrect -as has been proven time and time again in various different threads on here!

The retailer does not have the right to choose which one - and nowhere in the SOGA does it say so.

OlliesDad

smcaul wrote: »

Completely, utterly and totally incorrect -as has been proven time and time again in various different threads on here!

The retailer does not have the right to choose which one - and nowhere in the SOGA does it say so.

That is true, but the customer cannot force the retailer to provide a remedy that is disproportionately costly compared to the other remedies.

Therefore the retailer can choose the cheapest option as long as does not cause significant inconvenience to the customer.

smcaul

Indeed, but they could reject the goods as failing on durability. The goods are just over one month old, so rejection on these grounds should not be too hard to achieve.

somethingcorporate

smcaul wrote: »

Indeed, but they could reject the goods as failing on durability. The goods are just over one month old, so rejection on these grounds should not be too hard to achieve.

I would suggest you'd be on the cusp of what period of time is deemed "acceptance" of a product and hence only a court could provide a (relatively) definitive decision on whether rejection is possible.

Given the problem is as minor as a hinge I would just get it replaced and get on with life. Trying to argue rejection after a month is going to be like trying to push an elephant uphill.

unholyangel

somethingcorporate wrote: »

Trying to argue rejection after a month is going to be like trying to push an elephant uphill.

Nearly 2 months technically as we're now on the 18th August and the OP just said the "end" of june.....which could be anytime after the 20th.

IMO i'd say thats more than reasonable to outright reject the goods. However my opinion doesnt matter in a small claims case should it go that far