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Pay extra for replacement item?

vigman
vigman Posts: 1,378 Forumite
Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
edited 9 August 2012 at 9:38AM in Consumer rights
Hi

I have just arranged a replacement freezer for a faulty model. The exact model is not made any more and the new one is more expensive.

I have been told I can have the replacement if I pay the difference.

I queried this with Co-Op electricals and they rang their HQ who said this was correct.

Can someone advise if this is the case in law, please?

TIA

Vigman
Any information given in my posts or replies is intended to be of interest and/or help to members of the forum. I cannot guarantee that this is accurate or up to date.
«1

Comments

  • Southend1
    Southend1 Posts: 3,362 Forumite
    Ninth Anniversary 1,000 Posts Combo Breaker
    Yes, this is standard practise. Why would you be entitled to a more expensive replacement? The alternative would be to ask for a refund of what you paid and buy elsewhere.
  • paddyrg
    paddyrg Posts: 13,543 Forumite
    It's not a bad offer - you get a new, better model for the price of the upgrade. Alternatively, you could get a partial refund (as the goods gave some service before dying) - the former option is better financially as it still values the old one as new, effectively!
  • Agree with Paddyrg, this is a better position than you could be in as they are giving you credit to the full value you paid for the freezer which it is now not worth that much (nor would they have to give you if they gave you a refund instead as they can make a partial deduction for use).
    Thinking critically since 1996....
  • Southend1
    Southend1 Posts: 3,362 Forumite
    Ninth Anniversary 1,000 Posts Combo Breaker
    Sorry, should have added that they can make deduction for the use you have had from the freezer but was assuming faulty on delivery.
  • Southend1 wrote: »
    Sorry, should have added that they can make deduction for the use you have had from the freezer but was assuming faulty on delivery.

    Just to clarify unless it was rejected outright then a full refund is not always guaranteed. I doubt they would make any deduction for an item less than 1 year old.
    Thinking critically since 1996....
  • vigman
    vigman Posts: 1,378 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 9 August 2012 at 10:43AM
    Thanks everyone.

    I just wondered what the actual legal situation was. It is in a holiday home and because of my illness has only been used for 8 weeks since purchase last August.

    I am not saying that I have refused their offer or that it is unfair...just wanted the exact information!!;)

    I just had in my mind that a replacement had to be the same, or better, than the original purchase....but it is many years since I ran a shop!!

    Thanks

    Vigman
    Any information given in my posts or replies is intended to be of interest and/or help to members of the forum. I cannot guarantee that this is accurate or up to date.
  • They are not really giving you a replacement, they are giving you a refund in the form of (full) credit against a new (and superior) purchase.

    Their options are: replace (identically but impossible if they do not have any left), refund (with a deduction for proportionate use) or repair. You are getting the equivalent of a full refund when they do not actually have to do this. If you want to be cheeky you could ask for this in cash but they do not have to comply.
    Thinking critically since 1996....
  • paddyrg
    paddyrg Posts: 13,543 Forumite
    For what it's worth, fridges and freezers are not at their happiest being switched on and off - they love getting and keeping to temperature (as they do in most domestic use), so you may find the mode of use exacerbates the problem - especially if it gets moved at all (eg to get behind it to switch on/off!).

    Not really relevant to the question posted, but may be of interest for the future.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    How muh did it cost an how long have you had it?
  • vigman
    vigman Posts: 1,378 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 9 August 2012 at 2:41PM
    arcon5 wrote: »
    How muh did it cost an how long have you had it?

    A little table top freezer, £100 from Co-op exactly a year ago. Used 10th-30th August last year and mid July to now this year...about 8 weeks use in two blocks.

    Lots of space round it, perfectly level, turned on and off only on these two occasions and has hot sides and slight burning smell....also running all the time on any stat setting!

    The speed at which Iceking offered the replacement made me think this was not a one off and perhaps the new model (not released until next week) has a better motor and stat!?

    TIA

    Vigman
    Any information given in my posts or replies is intended to be of interest and/or help to members of the forum. I cannot guarantee that this is accurate or up to date.
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