Currys and my new Indesit Chest Freezer

Al_Ross

Okay I ordered a new Indesit Chest Freezer from Currys, been looking for a reasonably sized one for the garage for a while now,so I snapped it up after seeing it on the Hot Deals Website.

Arranged a day off work to await it's delivery ,it arrived as promised but it was damaged.The drivers took it away and I had to phone Currys to organize another one.
I agreed to wait a couple of weeks as ther stock was now out.

Arranged another day off work and late that evenning it arrived,all seemed fine,the drivers unpacked it no damage,great.
The freezer was left till late the following afternoon before plugging it in,
the drivers said 4 hours, the instructions manaul said 2 hours ,infact we left it for 20 hours.

The instructions were followed closely and all seemed well.
The freezer was left to reach it frozen temperature and after several hours the red light went out meaning that it was ok now to put food in it.
All seemed fine ,great

The following day when I was in my garage I noticed the red alarm light was now on. I opened the freezer and all the food had defrosted.

Now this is the part where I need advice. I presume as I have only had the freezer 3 days ,that I can still reject this outright either under DSR or the Sale Of Goods Act.Currys will no doubt try to get me to have an Engineer out first. This would mean waiting days or weeks for this and more days off work. I also have a lot of ruined food,who is responsible for this me? . No I wont bother claiming off my home insurance as the excess is £200 and it would also put up my premuim.

If I decide to reject the freezer outright ,or even take another exchange can I insist on a collection or delivery time to suit me ?

frugal_mike

Under the Distance Selling Regulations you have a minimum of 7 working days to unconditionally cancel the contract for a full refund (including the original delivery charge). Normally the retailer could make the return costs the customers responsibility, but if your freezer is inherently faulty then Currys will be responsible for collecting it at a time convenient to you.

Al_Ross

Any hope of getting anything back for the ruined food not to mention 2 lost work days so far on this ?

CoolHotCold

Did you make sure the freezer was suitable for the garage. Most are not suitable for garage use due to the temperatures they reach

Al_Ross

Yes this is a Chest Freezer and it does say suitable for garages and out buildings.
My old fridge freezer lasted 13 years in the garage and it wasn't suitable.

Al_Ross

Update : I telephoned Currys Customer Services and spoke to a rude guy called "Shaw" ,he told me because I had used the Freezer, (remember I received it on Friday and it packed in on Saturday) that DSR 'S didn't apply and I had to contact Indesit to get an Engineer out to provide a returns Authorisation number.
I told him I was rejecting it under DSR and I wanted it collected for a refund. He flatly refused, I said I would put it in writing to them and he replied so put it in writing then.
I emailed then - no reply yet though and also sent a letter this evening as well. How can Currys get away with changing DSR's to suit them ?

bod1467

You actually need to reject it under SOGA. Whilst the DSRs also incorporate the same elements of SOGA with respect to faulty goods, they are not so readily known. You'll get better "traction" with respect to SOGA.

http://sogahub.tradingstandards.gov.uk/explained

The key is that you have rejected the goods as not fit for purpose/not of acceptable quality, so you have not accepted them (as the Law allows reasonable time to inspect and assess that the goods conform to contract), thus you require a full refund of all monies paid ... and by the way, you (Currys) need to come and pick it up.

Altarf

If you paid by credit card, just use Section 75.