Paid for Frost free was not frost free

Valli

Seems strange, then, that they weren't aware they delivered the wrong one. I would take a photo of the 'wrong' F/F inc. the model number label with you.

meer53

After 12 months i don't think you'll have much success.

neilmcl

OP, do you actually know what the model you paid for was?

bris

12 months later your going to have a hard job convincing them they gave you the wrong freezer.

Leo2020

I agree with what others have said about convincing the retailer they gave you the wrong model. Plus even if you could after 12 months I think it would be deemed you accepted the goods. You have a reasonable time to inspect goods to ensure they conform to contract. 12 months is a long time for neither you nor your Aunt to have not noticed it wasn't as described.

agrinnall

Does the receipt actually contain the words Frost Free? Are you sure it doesn't use an abbreviation, such as F/F, that you are interpreting as Frost Free but in fact simply stands for Fridge Freezer?

unholyangel

Leo2020 wrote: »

I agree with what others have said about convincing the retailer they gave you the wrong model. Plus even if you could after 12 months I think it would be deemed you accepted the goods. You have a reasonable time to inspect goods to ensure they conform to contract. 12 months is a long time for neither you nor your Aunt to have not noticed it wasn't as described.

Acceptance only means they can't insist on a refund. It does not mean you lose all rights to a remedy should you later find out they were in breach of contract.

Leo2020

unholyangel wrote: »

Acceptance only means they can't insist on a refund. It does not mean you lose all rights to a remedy should you later find out they were in breach of contract.

After 12 months most retailers are going to say it is a case of tough the OP's Aunt has accepted it. They may not put up a fight but I would be surprised after 12 months if they were prepared to offer a replacement or partial refund. The OP can ask but they might need to consider whether it is worth pursuing.

A scenario that I don't know the answer to. Lets say the Aunt new it wasn't the model they ordered but decided to keep it anyway. How would a retailer know the difference between someone who had accepted the product as is but later decided they would try their luck at getting a refund because they fancied a new fridge and someone who genuinely didn't realise the model supplied wasn't the right one? Would someone be entitled to a remedy even if they knew the model wasn't the correct one but decided to keep it anyway? I imagine at lot of retailers would think that the OP was trying it on because of the time-scale involved.

unholyangel

Leo2020 wrote: »

After 12 months most retailers are going to say it is a case of tough the OP's Aunt has accepted it. They may not put up a fight but I would be surprised after 12 months if they were prepared to offer a replacement or partial refund. The OP can ask but they might need to consider whether it is worth pursuing.

A scenario that I don't know the answer to. Lets say the Aunt new it wasn't the model they ordered but decided to keep it anyway. How would a retailer know the difference between someone who had accepted the product as is but later decided they would try their luck at getting a refund because they fancied a new fridge and someone who genuinely didn't realise the model supplied wasn't the right one? Would someone be entitled to a remedy even if they knew the model wasn't the correct one but decided to keep it anyway? I imagine at lot of retailers would think that the OP was trying it on because of the time-scale involved.

My last non frost free took some time to build up ice, I only had to defrost it once every 1-2 years. Plus the person who entered into the contract wasnt the one who was using the fridge. So entirely possible they wouldnt even have known/realised until now (with aunt going to care home).

They do not have the right to reject the goods but that doesnt change the fact that the retailer were in breach of contract (providing as someone said above, it was supposed to be frost free and OP didnt simply make a mistake themselves of course). By all intents, OP hasnt received what they paid for.

(1)This section applies if—
(a)the buyer deals as consumer or, in Scotland, there is a consumer contract in which the buyer is a consumer, and
(b)the goods do not conform to the contract of sale at the time of delivery.
(2)If this section applies, the buyer has the right—
(a)under and in accordance with section 48B below, to require the seller to repair or replace the goods, or
(b)under and in accordance with section 48C below—
(i)to require the seller to reduce the purchase price of the goods to the buyer by an appropriate amount, or
(ii)to rescind the contract with regard to the goods in question.

Leo2020

Thanks unholyangel for the quote but I have already read the SOGA, must just be me then.