Where do they stand?

Mich2011

Hey,
I'm asking this question on behalf of my aunt who rang a local small electrical appliance store to order a new integrated appliance for my grandmother's new kitchen. The story is as follows..

She rang the store and ordered an integrated fridge freezer..was told the cost was £400.00 and it was cash on delivery.
Upon delivery, the fridge/freezer was delivered with no packaging and a few dents and scratches on the sides, also the plug did not have the usual plastic cap that usually comes on a brand new appliance. My aunt asked the delivery guy why it was not packaged, he replied that it would not fit into the van with packaging (a large Mercedes Sprinter?) She asked him about the dents and scratches and asked for him to return the product to the shop as it was not what she ordered - a brand new fridge freezer. He refused but for some unknown reason, she handed over the money and probably signed a delivery note(im unsure if she did sign anything though)
She later rang the shop and was told there was nothing they could do and that was the end of the matter.
Today, they contacted the shop again and after asking for the manager, some guy came onto the phone but refused to supply a surname..only a first name. He was informed of the problem with the fridge freezer and was asked to arrange for it to be picked up and the money returned but he was unable to do anything..that he would have to speak to the owner, who wasn't available at that time. A telephone number was left and my aunt is awaiting a return call from the owner but to be honest, we are pretty sure there will be no return call. What are their rights in this matter..any help or advice would be greatly appreciated. Just to add, my aunt 'thinks' that the guy who delivered the fridge freezer was the owner!

Thanks for reading..sorry it's bit long!

Flyboy152

Mich2011 wrote: »

Hey,
I'm asking this question on behalf of my aunt who rang a local small electrical appliance store to order a new integrated appliance for my grandmother's new kitchen. The story is as follows..

She rang the store and ordered an integrated fridge freezer..was told the cost was £400.00 and it was cash on delivery.
Upon delivery, the fridge/freezer was delivered with no packaging and a few dents and scratches on the sides, also the plug did not have the usual plastic cap that usually comes on a brand new appliance. My aunt asked the delivery guy why it was not packaged, he replied that it would not fit into the van with packaging (a large Mercedes Sprinter?) She asked him about the dents and scratches and asked for him to return the product to the shop as it was not what she ordered - a brand new fridge freezer. He refused but for some unknown reason, she handed over the money and probably signed a delivery note(im unsure if she did sign anything though)
She later rang the shop and was told there was nothing they could do and that was the end of the matter.
Today, they contacted the shop again and after asking for the manager, some guy came onto the phone but refused to supply a surname..only a first name. He was informed of the problem with the fridge freezer and was asked to arrange for it to be picked up and the money returned but he was unable to do anything..that he would have to speak to the owner, who wasn't available at that time. A telephone number was left and my aunt is awaiting a return call from the owner but to be honest, we are pretty sure there will be no return call. What are their rights in this matter..any help or advice would be greatly appreciated. Just to add, my aunt 'thinks' that the guy who delivered the fridge freezer was the owner!

Thanks for reading..sorry it's bit long!

If she ordered the goods over the telephone, it should be covered by the Distance Selling Regulations and she has the right to reject the goods on that basis and get a refund. As the goods are not of satisfactory quality, they can also be rejected under the Sales of Goods Act.

neilmcl

Flyboy152 wrote: »

If she ordered the goods over the telephone, it should be covered by the Distance Selling Regulations and she has the right to reject the goods on that basis and get a refund. As the goods are not of satisfactory quality, they can also be rejected under the Sales of Goods Act.

Only if selling by a distance is a normal part of their business.

Mich2011

Thanks for the advice guys.

My aunt rang the shop again this afternoon and asked to speak to the owner by name. After a bit of dressing down, he 'offered' to replace the appliance. By the way, he was the same guy who delivered it..needless to say, I certainly won't be dealing with the shop again. Very poor customer service!
Thanks again!;)