Damaged Fridge Freezer

needamemory

Thankyou. I purchased the FF from Appliances Direct. They just keep insisting I have accepted a damaged item but why I would want a new FF with dents in both sides I am not sure.

cono1717

It's not for them to insist. Did you pay by credit card? Write to them one last time stating you are giving them opportunity to arrange a collection and a refund/replacement/repair (whichever you want) if they fail to do so you will open a dispute with your credit card provider, even if this goes all the way to small claims (which it wont) the law is literally on your side. You are allowed by law to have a reasonable amount of time to inspect the goods and open a claim should you find a flaw. Because defects can sometimes be hard to find it is assumed that people will use the goods as part of the inspection.

Who's to say that there were no dents but the fridge shelf was faulty and as soon as you put something in to it it collapsed and fell out, you would have the chance by law to inspect that but the only way to do so would be to use the shelf.

What they're spouting is utter nonsense.

Also if anyone wants a laugh, their website states:

Over 99% of our orders are handled perfectly – goods are delivered on time and work without fault. However from time to time things do go wrong. Parcels can get misrouted by the couriers, traffic can prevent deliveries arriving on time, manufacturer's specifications can be inaccurate and items can develop a fault. The real test of an online retailer is not just the availability of good value products, but how well they deal with after sales problems. We aim to offer a service most other online retailers fail to deliver on: Product availability, value, reliable delivery and a clear and fair after-sales service.

bod1467

The key words being "We aim to".

unholyangel

needamemory wrote: »

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.

They're wrong. There was a paragraph in SoGA which allowed acceptance to take place after goods were treated in a way inconsistent with the seller retaining ownership - but as I explained above, it was different for goods where you have not previously had the chance to examine them.

(1)The buyer is deemed to have accepted the goods [F1subject to subsection (2) below—
(a)when he intimates to the seller that he has accepted them, or
(b)when the goods have been delivered to him and he does any act in relation to them which is inconsistent with the ownership of the seller.

(2)Where goods are delivered to the buyer, and he has not previously examined them, he is not deemed to have accepted them under subsection (1) above until he has had a reasonable opportunity of examining them for the purpose—
(a)of ascertaining whether they are in conformity with the contract, and
(b)in the case of a contract for sale by sample, of comparing the bulk with the sample.

(3)Where the buyer deals as consumer or (in Scotland) the contract of sale is a consumer contract, the buyer cannot lose his right to rely on subsection (2) above by agreement, waiver or otherwise.

However, this law does not apply to your contract of sale - it only applies to contracts entered into before the 1st October 2015. The law which applies to your sale is the Consumer Rights Act 2015.

This act was brought in to clarify grey areas of the SoGA - so where above it says you have a reasonable time to inspect the goods and reject them if they don't conform to contract, the CCRs give 30 days.

You cannot lose that right - its a statutory right afforded to you by law.

Send them a letter before action - or if you paid by card, start a chargeback/section 75 claim (if over £100 and paid on credit card, then section 75 - otherwise, chargeback).

unholyangel

cono1717 wrote: »

It's not for them to insist. Did you pay by credit card? Write to them one last time stating you are giving them opportunity to arrange a collection and a refund/replacement/repair (whichever you want) if they fail to do so you will open a dispute with your credit card provider, even if this goes all the way to small claims (which it wont) the law is literally on your side. You are allowed by law to have a reasonable amount of time to inspect the goods and open a claim should you find a flaw. Because defects can sometimes be hard to find it is assumed that people will use the goods as part of the inspection.

Who's to say that there were no dents but the fridge shelf was faulty and as soon as you put something in to it it collapsed and fell out, you would have the chance by law to inspect that but the only way to do so would be to use the shelf.

What they're spouting is utter nonsense.

Also if anyone wants a laugh, their website states:

Has OP told us who the retailer is? I mustve missed it, i thought they'd only mentioned the manufacturer.

ETA:
Nvm, just spotted the post just above mine

needamemory

Thankyou. The manufacturer is Hotpoint and the online retailer is Appliances Direct.

cono1717

As I and Unholyangel said, it's time to get the big guys involved. If you start a section 75 claim your bank gets involved and gives them a push in the right direction...so to speak.

happyc84

Hi,

We had 2 new appliances delivered.

First one had a defect after switching on. Tumble dryer failed then replaced.

Second one damaged in transit or could have been damaged in a transit. Replaced washing machine.
Would have been really annoyed if these were built-in units.

So always check the goods after delivery. Pay the £1 to remove the packaging at least allows you to check while they are still there.

unholyangel

happyc84 wrote: »

Hi,

We had 2 new appliances delivered.

First one had a defect after switching on. Tumble dryer failed then replaced.

Second one damaged in transit or could have been damaged in a transit. Replaced washing machine.
Would have been really annoyed if these were built-in units.

So always check the goods after delivery. Pay the £1 to remove the packaging at least allows you to check while they are still there.

While its a good idea, its not always possible.

Especially with a fridge/freezer which has to be stood upright for several hours before plugging in.

bod1467

happyc84 wrote: »

Pay the £1 to remove the packaging at least allows you to check while they are still there.

Pay what? If I want to un-box while they wait, they'll wait or I won't sign for delivery. Or I'll sign as Not Inspected.