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Wrong goods and packaging

threedee
threedee Posts: 126 Forumite
Part of the Furniture Combo Breaker
edited 19 August 2013 at 12:42PM in Consumer rights
My mom was doing some serious kitchen remodeling, ripping out all old appliances and buying new ones.

She ordered/bought/paid an induction hob, it got installed and all rubbish including packaging got taken away.

It turns out the hob is just plain electric coil glass top, which is not what was bought.

The shop refused to take the hob back for a refund because we are missing packaging. And later were only offered a partial refund in a form of store credit, which we dont want.

I know that its my moms oversight (she's not an appliance specialist), but the seller sold her a wrong item... As for type of the hob even my mom knows a difference between plain coil and induction hob (in theory), which is what she asked in the shop - an induction hob.

What are our rights ? Item hasn't been used, just installed. Can we demand full refund ? What are our rights regarding packaging ? She's really lost at this point and i'm just trying to help her to get a right hob this time...

Please help.

Thank You.

#Edit1# We are talking brick and mortar shop, not online shop.

#Update 1# Details in post #4

Comments

  • zaax
    zaax Posts: 1,914 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Who installed it?
    Do you want your money back, and a bit more, search for 'money claim online' - They don't like it up 'em Captain Mainwaring
  • threedee
    threedee Posts: 126 Forumite
    Part of the Furniture Combo Breaker
    edited 16 August 2013 at 1:27PM
    Paid by Maestro Debit.

    @zaax: no it was not switched out. Model numbers on receipt are the same as the hob installed.
  • threedee
    threedee Posts: 126 Forumite
    Part of the Furniture Combo Breaker
    #Update1# So, as expected we are accused of returning goods "not as new" due to lack of packaging and "too late" due to returning 6 weeks after purchase. Owner of the shop absolutely refuses to refund, and even told me that he "is not required to extend credit" as well.

    At this point i'm considering going to see a lawyer (free consultation) to see what he can tell me about the law side of things.

    Again, as expected, shop owner insists that his employee sold electric hob "as electric" even though it was never indicated, nor we would have considered buying plan coil electric hob anyway. So, my moms word against shop owners word.

    Also, "fit for purpose" is the question. Can a hob working by completely different methods from what was sold, considered "not fit for purpose" ? (shop owner insists that it cant. in that case fire is also fit for purpose for cooking food......)

    The conversation with shop owner was civil, no voice was ever raised, but i still want my money back...

    I really need a solid advice in this situation.

    Depending on advice i'm considering small claims court/MCOL or good old chargeback...
  • dalesrider
    dalesrider Posts: 3,447 Forumite
    Long time since I did Meastro and back in them days there were no chargeback rights to cover this.

    But that may well have changed. Talk to card provider.

    You WILL HAVE to prove what you ordered, compared to what you received.
    So you need something in writing or a print out of the item you ordered, compared to what you received.
    Never ASSUME anything its makes a
    >>> A55 of U & ME <<<
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    dalesrider wrote: »
    You WILL HAVE to prove what you ordered, compared to what you received.
    So you need something in writing or a print out of the item you ordered, compared to what you received.
    This is the key point. Without proof that your ordered one thing (and paid) and received another you (your mum) isn't going to get anywhere with this.
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