Seller is refusing to exchange a bought item that turned out to be damaged, advice?

Fosterdog

If this is a second thread with almost identical issues, could it be some sort of biodegradable packaging material that makes it look muddy/dusty? Recycled cardboard can flake away and look very dusty.

Shame the previous poster never said what make or model mixer they had. OP I assume from the price you paid it was more of a small food processor than just a blender, the Magimix one? It is the only thing I can see on the currys website that is anywhere near the £400 mark, all the others are sub £100

Alternatively, maybe the other poster did return it in the end and the same one has been sold again in the same condition and hankkosovo has just happened to by from the same branch.

It may be worth contacting the manufacturer, they may be aware of a problem on the production line, it may have affected multiple retailers if that is the case.

unholyangel

Wasnt it argos that time though? And a food processor? Or has there been a third one?

ETA: I think I'm misremembering and it was a used food processor - nothing to do with dirt or mud!

halibut2209

unholyangel wrote: »

Wasnt it argos that time though? And a food processor? Or has there been a third one?

The argos one was much older

https://forums.moneysavingexpert.com/discussion/3754789

The link in post #9 is exactly the same as this thread

unholyangel

OP write them a letter before action. Keep it simple and to the point. Dont use emotional phrases such as being angry/upset/disappointed etc.

You may also want to remind them that putting such a time limit on claims may amount to a criminal offence under unfair contract terms.

2.4.3 Prompt notification of complaints is desirable because it encourages
successful resolution and is therefore to be encouraged. But taking away all
rights to redress is liable to be considered an over-severe sanction for this
purpose. Where goods are supplied, use of such a term is legally incapable
of producing that effect and may amount to an offence, because it serves
to restrict the consumer's statutory rights – see paragraph 2.1.1.

2.4.4 Any fault found in goods within six months of the date of sale is assumed to
be the supplier's responsibility unless he can prove otherwise. It is therefore
particularly misleading for contract terms to seek to exclude or limit the
consumer's right to redress for faulty goods during the first six months
after purchase. As noted above (page 11) the use of misleading terms may
give rise to enforcement action as an unfair commercial practice.

2.4.6 There is similarly no objection to a term warning consumers of the need to
check to the best of their ability for any defects or discrepancies at the
earliest opportunity, and take prompt action as soon as they become aware
of any problem. Concerns do not arise so long as there is no suggestion
that the supplier disclaims liability for problems which consumers fail to
notice.
2.4.7 Any kind of term which is designed to encourage consumers to act
promptly is more likely to be fair, and to be effective, if clear language is
used, and it is given appropriate highlighting.

photome

OP are you moving house as well

the_insider

I'd just wash it, personally.

hankkosovo

halibut2209 wrote: »

look above you

Ah sorry, didn't see the link.

hankkosovo

the_insider wrote: »

I'd just wash it, personally.

I can't wash it as it's actually a coffee machine not a blender, I said it was a blender for anonymity reasons, but now I'm not bothered about anonymity. The coffee machine still has it's plastic wrapping on it, inside the box, but the wrapper has little holes in the top for moisture i guess, and as the dirt is very fine (as well as having a few cm sqr chuncks of mud), it has got in the holes and covered the actual machine, I also suspect it's got inside the machine itself.

hankkosovo

unholyangel wrote: »

OP write them a letter before action. Keep it simple and to the point. Dont use emotional phrases such as being angry/upset/disappointed etc.

You may also want to remind them that putting such a time limit on claims may amount to a criminal offence under unfair contract terms.

Thanks for the info, really appreciate it, will do this.

Brooker_Dave

hankkosovo wrote: »

I can't wash it as it's actually a coffee machine not a blender, I said it was a blender for anonymity reasons, but now I'm not bothered about anonymity.

We still don't know who you are.