Cooker not as described - what are my rights 4 months later

SuperHan

Kayalana99 wrote: »

Personally I don't think the time scale should even come into play. If they had used the oven for four months then found out (i.e no need of the second oven) then it might be a problem, but they havn't used it(well apart from a couple of times before realising), it was still new ~ paper work to say it's been fitted...

I don't know the legal side of things being 'mis sold' but the time scale should be irrelevant here.

It is irrelevant, and given the proof of the time scales, the court will probably find in favour.

However, it may be difficult to get the retailer to listen to you and believe your side of the story...

SamWookie83

Thank you

You have given me the confidence to start this.
Like any good enthusiastic DIYer i also have lots of videos and pictures taken on my iphone. I imagine these will have date stamps and things on them so that can only be a good thing.

My understanding of the mis-selling was, if its described as one thing and turns out to be something different then it has been mis-sold therefore, trading standards might like to know about it. They entered into a contract and have not delivered an item to the spec as advertised. Is that close or have i missed something substantial off?

Bantex_2

SamWookie83 wrote: »

Thank you

You have given me the confidence to start this.
Like any good enthusiastic DIYer i also have lots of videos and pictures taken on my iphone. I imagine these will have date stamps and things on them so that can only be a good thing.

My understanding of the mis-selling was, if its described as one thing and turns out to be something different then it has been mis-sold therefore, trading standards might like to know about it. They entered into a contract and have not delivered an item to the spec as advertised. Is that close or have i missed something substantial off?

Sounds more like a mistake than mis selling.
Does not seem to be any intention to mislead.

keyser666

agrinnall wrote: »

Have you secured a copy of the dealer website description, just in case they change it and deny it ever said it was a fan oven? You can use WebCite to make an archive copy of any web page.

Nice website thanks for sharing

browneyedbazzi

I don't understand where the misdescription is here - a convection oven is fan assisted and the two terms are fairly interchangeable.

Or did you mean that the second oven is a conventional oven (no fan)?

As far as the time scale goes - the four months goes beyond a reasonable time to inspect the goods so I don't think you have a right to reject it and demand a refund, but you do have a right to redress which can be a replacement or refund - whichever the retailer chooses (if the issue was damage then repair would also be an option). That is IF the item doesn't conform to contract - and it isn't clear to me that it doesn't.