Damaged Fridge Freezer

needamemory

I recently ordered a Hotpoint Fridge Freezer online and this was delivered last Thursday, late afternoon. I was left with the tall FF remaining in all its packaging standing in the dining area. I did not realise I would have to pay a connection charge to have the freezer put in the correct position. However I managed to move and unpack the FF and immediately noticed dents on both sides of the FF. I also noticed that the freezer door had not been taped shut as had the fridge door. When I opened the freezer door there were a number of crumbs on the base of the freezer and it looked to me as if this item had already been returned to the retailer (photos were taken). I immediately tried to contact the online number but could not reach anyone. I therefore sent an email and later followed up with photographs of the damage, the crumbs and concern over a piece of sponge like material protruding from the freezer. The following day I received an email from the retailer stating that I could have the FF replaced if it had not been used! Obviously this was by now too late as I had put milk in the fridge the previous evening after leaving the FF standing for 3 to 4 hours. They offered £30 from themselves and £30 I would need to obtain from Hotpoint if I kept the FF. Today they have emailed me and said I now cannot exchange as I have used the FF and do I want to accept the £30 offer. This does not seem correct to me as it is a new item and has severe dents in both sides of the casing. I am unsure of my position.

With thanks for your help.

cono1717

How did you purchase this? Online in store?

If it was done online you can refuse the FF and send it back to the company for a full refund - SOGA dictates that the item must be as described - unless they described that the FF came with dents then it doesn't meet that criteria. Get back on to them and advise them you wish to reject the goods - don't listen to any nonsense about it being used because there was milk in there.

needamemory

Thankyou for your response. I purchased the FF online on the 6th October.

cono1717

Then just give them a call informing them you want to reject it, as is your right within the 14 day period under the CCR

needamemory

Thankyou for your help. This is the response I received:

Thank you for your e message.
We regret as the item is being used and your contract has been breeched with ourselves for not reporting the damaged product within the specified time as stated under our terms and conditions on the website we are unable to accept the item back as a return.
Purely as a gesture from ourselves and would like to add we take no responsibility for this damage we can offer a gesture towards the damage.
We can refund your card account by £30.00 or we can send you a £40.00 voucher which can be used towards the purchase of a new appliance or you can use this voucher on any of our sites and does not have an expiry date.
Please advise how you wish to proceed?
Kind Regards


I am puzzled as I reported the damage by email on the same day of delivery, 8th October, because I was unable to reach them on the phone.

bod1467

That is utter bullocks.

Someone will be along shortly with a more-reasoned response.

unholyangel

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284426/oft311.pdf

There are other relevant bits but it gets quite lengthy so just posting what I feel are the most relevant parts

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.

Now when exactly did you order it and when do the T&C's say the contract was formed? I ask as the law changed on 1st Oct, and what law governs your contract of sale will depend on when the contract was formed.

needamemory

I ordered the item online on the 6th October paying with my credit card. It was delivered late afternoon on Thursday 8th October. When I unpacked it the dents were immediately noticeable and I took photos. I could not get an answer when I rang the online number for the company and emailed them early evening of the 8th October. I received a first response on the 9th October.

unholyangel

needamemory wrote: »

I ordered the item online on the 6th October paying with my credit card. It was delivered late afternoon on Thursday 8th October. When I unpacked it the dents were immediately noticeable and I took photos. I could not get an answer when I rang the online number for the company and emailed them early evening of the 8th October. I received a first response on the 9th October.

Then its that case and under the Consumer Rights Act, you have 30 days from delivery to reject goods that do not conform to contract.

You cannot waive this right - even by agreeing to their T&C's. By refusing your right to reject they are misleading you about your rights which can potentially amount to a criminal offence.

This page has some info that might be useful for you:
https://www.citizensadvice.org.uk/consumer/somethings-gone-wrong-with-a-purchase/return-faulty-goods/

Tbh even under the SoGA, where goods are delivered and the buyer has not previously examined them, you cannot lose your right to rely on the section which gives you a reasonable time to inspect the goods to assess whether they conform to contract. Just its always best to make sure any law you quote is the relevant one.

needamemory

After contacting this company and pointing out the relevant section of consumer law, as I understand it this is their response:

"Thank you for your e message.
Once an item has been installed and used then you have accepted the item in the condition it was delivered and regret we are unable to accept this item back as a return.
Once again we are sorry we cannot give you a more favourable response on this occasion.
Kind Regards"

I am unsure what action I should take next. I advised the company immediately I unpacked the FF. The only item placed in the fridge section was a bottle of milk as I had disposed of all the other goods when my previous FF broke down.

peachyprice

You need to make it abundantly clear to them that you are rejecting under the CCR (formerly DSR), not SoGA.

The most they can do is deduct a reasonable amount for the fact that the item has been used, which wouldn't be much for a pint of milk sitting in it. But they HAVE to let you return it and give you a refund.

Which website did you buy it from? There should be details of your rights on there.