Quick questions on Consumer Rights

Russwright89

I had a TV fixed under warrenty 7 months after buying it, receiving the tv back 1 month later, it's now broken in the same way again 2 months out of warrent, and currys are saying there is only a 3 month warrenty on repairs, I searched online and couldn't find anything about warrenty's on repaired goods and was wondering were I stand, seen as thought the TV is not up to standard.

wealdroam

Russwright89 wrote: »

I had a TV fixed under warrenty 7 months after buying it, receiving the tv back 1 month later, it's now broken in the same way again 2 months out of warrent, and currys are saying there is only a 3 month warrenty on repairs, I searched online and couldn't find anything about warrenty's on repaired goods and was wondering were I stand, seen as thought the TV is not up to standard.

You need to prove to Currys that the television is inherently faulty.

If you can do that, then the seller must supply a remedy. That is a statutory right.

If you cannot prove that the fault is inherent, then the seller does not have to do anything.

How did you pay for this purchase? By credit card?

Jamesrt2017

Hello everyone,

Just wondering if any of you could confirm or correct my thoughts on an issue regarding my friends fridge.

My friend purchased a fridge at currys 'less than 6 months' ago (sorry I couldn't get a more exact time period, I'd expect 3/4 months is more likely.
In this time they purchased a house and have been redecorating etc to get it suitable for them to move in. Which they are due to in the next couple of weeks.

When they purchased the fridge they had it stored at a family members place due to not having any room. They did NOT inspect the product and left it untouched in all its packaging assuming (as you would!) that it would be sound and the product good and as expected.

However they have opened to packaging to find that inside the fridge it is all dented etc.. which is obviously very frustrating. They have looked up the CSR online and believe they are due a replacement or if that isn't offered, a refund. They have received quite rude customer service on the phone, but that's another issue entirely.

I however read it differently. As the product was a delivered item and not taken from the store (does it matter in this instance?) that it would fall under DSR... the product as far as I know does work however it is damaged (INSIDE the fridge, not exterior/obvious from packaging defects etc) . Now I believe that it would be 14 days from purchase to be legible for a refund or a replacement and not any longer, any longer would be good will from currys. If the product didn't work at all then it falls under the manufacturers warranty period and then would be resolved.

What's your thoughts? Any help is appreciated !

TLDR: product purchased 3/4 months ago has been stored. Opened recently to find it damaged. Are they legible for refund/replacement under DSR? Or is it outside of the refund period (I read it as 14 days)

Jamesrt2017

To add to the above (I apologise, it will not let me edit the post, if an admin/mod could merge the two posts that would be great!)

The damage is dents and a hole in the fridge compartment. They have gone into currys with picture of the damage, the person they spoke to said the hole WILL affect the efficiency of the fridge and gave them a number to ring, which my friend said looks like nothing will come from it.

Friend is now going to get in touch with trading standards and financial ombudsman. Again I believe they 'ran out of time' to be able to get anything from this and any contact with anyone other than currys will fall on deaf ears?

marliepanda

Jamesrt2017 wrote: »

Hello everyone,

Just wondering if any of you could confirm or correct my thoughts on an issue regarding my friends fridge.

My friend purchased a fridge at currys 'less than 6 months' ago (sorry I couldn't get a more exact time period, I'd expect 3/4 months is more likely.
In this time they purchased a house and have been redecorating etc to get it suitable for them to move in. Which they are due to in the next couple of weeks.

When they purchased the fridge they had it stored at a family members place due to not having any room. They did NOT inspect the product and left it untouched in all its packaging assuming (as you would!) that it would be sound and the product good and as expected.

However they have opened to packaging to find that inside the fridge it is all dented etc.. which is obviously very frustrating. They have looked up the CSR online and believe they are due a replacement or if that isn't offered, a refund. They have received quite rude customer service on the phone, but that's another issue entirely.

I however read it differently. As the product was a delivered item and not taken from the store (does it matter in this instance?) that it would fall under DSR... the product as far as I know does work however it is damaged (INSIDE the fridge, not exterior/obvious from packaging defects etc) . Now I believe that it would be 14 days from purchase to be legible for a refund or a replacement and not any longer, any longer would be good will from currys. If the product didn't work at all then it falls under the manufacturers warranty period and then would be resolved.

What's your thoughts? Any help is appreciated !

TLDR: product purchased 3/4 months ago has been stored. Opened recently to find it damaged. Are they legible for refund/replacement under DSR? Or is it outside of the refund period (I read it as 14 days)

Firstly I'm not sure where they read they could demand a replacement and/or refund in the first 6 months. They can't. Currys could quite legitimately repair it. However, with damage, they don't have to. It's not faulty, it's damaged.

There's not a lot you can do. Anything could have happened to it in those 3/4 months. I wouldn't assume it had arrived perfect? Why do you think that's a normal thing?

If currys refuse to do anything (they don't have to) you could file a small claims court hearing and hope the judge believes that the damage occurs before it sat in your friends family members house.

naedanger

Jamesrt2017 wrote: »

Hello everyone,

Just wondering if any of you could confirm or correct my thoughts on an issue regarding my friends fridge.

My friend purchased a fridge at currys 'less than 6 months' ago (sorry I couldn't get a more exact time period, I'd expect 3/4 months is more likely.
In this time they purchased a house and have been redecorating etc to get it suitable for them to move in. Which they are due to in the next couple of weeks.

When they purchased the fridge they had it stored at a family members place due to not having any room. They did NOT inspect the product and left it untouched in all its packaging assuming (as you would!) that it would be sound and the product good and as expected.

However they have opened to packaging to find that inside the fridge it is all dented etc.. which is obviously very frustrating. They have looked up the CSR online and believe they are due a replacement or if that isn't offered, a refund. They have received quite rude customer service on the phone, but that's another issue entirely.

I however read it differently. As the product was a delivered item and not taken from the store (does it matter in this instance?) that it would fall under DSR... the product as far as I know does work however it is damaged (INSIDE the fridge, not exterior/obvious from packaging defects etc) . Now I believe that it would be 14 days from purchase to be legible for a refund or a replacement and not any longer, any longer would be good will from currys. If the product didn't work at all then it falls under the manufacturers warranty period and then would be resolved.

What's your thoughts? Any help is appreciated !

TLDR: product purchased 3/4 months ago has been stored. Opened recently to find it damaged. Are they legible for refund/replacement under DSR? Or is it outside of the refund period (I read it as 14 days)

It is outside the 14 day return period for the DSR but that concerns change of mind purchases and not faulty items. (So forget that avenue.)

However the item is faulty and provided the damage was not from the customer's abuse of the item the customer is entitled to a repair, replacement of full refund (full - since not 6 months old).

As the item is less than six months old the onus is on the retailer proving on the balance of probability the damage was caused by the customer if they wish to avoid liability.

They may argue the damage is consistent with physical abuse and after this length of time it is likely that it was damaged after delivery.

Therefore I suggest your friend gathers as much evidence as they can to convince an independent party that the item was damaged before delivery.

RoonilWazlib_2

You mention the financial ombudsman...was it bought on finance? If it was, depending on the type of finance, the rights may be against the finance company. If it wasn't, FOS have got nothing to do with it.

yahoo80

Hi there

I bought (instore @oakfurniture) a sofa and other lounge furniture last weekend and got a call yesterday that the sofa's fabric we chose is out of stock now. I was told to pick another one, however all others are £200 more expensive.
I know I have a right to refund, but is there anything which would get me the other fabrics for the last week's price? Full price has already been charged from my bank account.
cheers

Minimogul

I bought an expensive one piece ski suit for my son from a brand which was supposed to be good. It was £300. He went on a school ski trip. On the second day it ripped completely and I had to send him money to buy a new outfit locally so he could continue to ski. He told me that the first time he put his hand in the pocket it was ripped. When he returned I complained to the company Oneski. They said that they have never had that problem before and it was his fault! I said he was just skiing normally - not cross country or anything out of the ordinary and the goods were not fit for purpose. They said that the trousers were probably too big and that is why they ripped. The outfit fitted to the best of our knowledge. They asked me to send it to them which I did. They then offered me a new one in a size smaller. I said that would be too small and in any case I don't need one now as he had to buy a replacement on his trip. They said that is a reasonable offer and they will not give me a refund. What recourse do I have?

lincroft1710

Supplier can replace, refund or repair, their choice.