New electric fire blows out COLD air!

whippet-gal

This is a strange one & I don't think I have any rights to return the fire, but thought I'd ask.

I bought a Valor Petrus Dimension Slimline inset electric fire to go into my existing fire surround.

I only wanted to use it for the excellent flame effect & didn't want to use it to heat the room.

I had to remove the moulded plug to slot the cable through the back of the surround & fit my own plug. (I'd already quickly checked it was working.)

After using it for a few evenings, I realised the reason I felt cold was because with just the flame effect on, the fire throws out cold air from the top, heating vents - acting like a fan heater set on cold.

I've persevered with it, since it arrived on October 4th, by burning a row of candles in front of it in an attempt to warm the blast of cold air. I can't afford to use the fire on it's heat settings: I just bought it for the cosy flame efffect.

I contacted the seller (on eBay.co.uk) to explain all this & asked to return it. They have replied promptly & politely, but say they can't do anything, as I invalidated the warranty by changing the plug.

I'm stuck with a fire I love the look of, but it makes me cold

Do you think I have a valid case, or will I just have to live with it?

Thank you for reading.

marliepanda

Unfortunately by removing the plug and fitting your own you are treating it as your own, and that is acceptance.

I'm assuming with the heat on it actually works fine and isn't faulty at all (and even if it was, messing with the plug could be iffy) so unfortunately in the nicest possible way, the fact you can't afford to use it properly is 'your problem'

They sold you a fully functional fire surround.

unholyangel

marliepanda wrote: »

Unfortunately by removing the plug and fitting your own you are treating it as your own, and that is acceptance.

I'm assuming with the heat on it actually works fine and isn't faulty at all (and even if it was, messing with the plug could be iffy) so unfortunately in the nicest possible way, the fact you can't afford to use it properly is 'your problem'

They sold you a fully functional fire surround.

Theres no section on acceptance now in legislation, used to be under SoGA but now its just a blanket 30 days to insist on a refund after that, then you have to allow them the 1 attempt to repair/replace before you have the right to reject for a refund again.

While removing the plug may invalidate any warranty, it does not invalidate statutory rights and its wrong for the retailer to refuse to deal with it purely on that basis. However as you say, it all depends on whether the item doesn't conform to contract.

marliepanda

unholyangel wrote: »

Theres no section on acceptance now in legislation, used to be under SoGA but now its just a blanket 30 days to insist on a refund after that, then you have to allow them the 1 attempt to repair/replace before you have the right to reject for a refund again.

While removing the plug may invalidate any warranty, it does not invalidate statutory rights and its wrong for the retailer to refuse to deal with it purely on that basis. However as you say, it all depends on whether the item doesn't conform to contract.

I would imagine they could claim for the costs of putting the plug back and checking it again for safety against the refund.

I think its fairly clear that it does conform to contract. Its not blowing out cold air when its not on (that would be weird) its blowing cold air when on but with the heating 'off'

OP didn't buy a pretty TV fire effect (Netflix does that, not sure how cosy it is...) she bought a heater. From what she says it works just fine as a heater.

unholyangel

marliepanda wrote: »

I would imagine they could claim for the costs of putting the plug back and checking it again for safety against the refund.

I think its fairly clear that it does conform to contract. Its not blowing out cold air when its not on (that would be weird) its blowing cold air when on but with the heating 'off'

OP didn't buy a pretty TV fire effect (Netflix does that, not sure how cosy it is...) she bought a heater. From what she says it works just fine as a heater.

If the goods dont conform to contract, they cant charge anything as it would then be making OP liable for their breach.

As I said, it all comes down to whether it conforms to contract or not. It can still work as intended but not be fit for purpose or not be of satisfactory quality or not match its description/sample.

Also OP says the retailer said they can't do anything due to the plug, surely if it was working as intended the retailer would have told them that. Not conclusive by any means but perhaps indicating the goods arent working properly after all.

Shrimply

marliepanda wrote: »

I would imagine they could claim for the costs of putting the plug back and checking it again for safety against the refund.

While this might be true it's a real shame. Moulded plugs are a pain in the backside on certain products and companies should either be offering solutions that makes their installation easier or be more understanding in terms of needing to replace the plug.

marliepanda wrote: »

I think its fairly clear that it does conform to contract. Its not blowing out cold air when its not on (that would be weird) its blowing cold air when on but with the heating 'off'

I think the opposite argument could quite easily be made. You don't expect a heater to ever blow out cold air. The fact that product allows its fire effect to be used without the heating element being switched on suggests it is intended to be able to be used in this way.

But given that this issue was present from the outset it's hard to understand why you put up with it for as long. If you have dealt with the problem immedietly I imagine that both the posters here and the seller would be much more understanding.

unholyangel

Judging by this post I found googling, its seems theres quite a few who have complained about valor dimension fires doing this and said even when the heater is on, its useless.

https://www.facebook.com/DimplexUK/posts/802975223145435

Plus if it was described as it is on the manufacturers page as "Providing up to 1.35kW heat output and 100% efficiency at the point of use, this model provides all the warmth you need" then I'd say thats not as described.

whippet-gal

Shrimply wrote: »

But given that this issue was present from the outset it's hard to understand why you put up with it for as long. If you have dealt with the problem immedietly I imagine that both the posters here and the seller would be much more understanding.

Interesting replies - thank you.

To address the above comment - I thought I was stuck with the fire, seeing as I was actually using it & it's not faulty (presumably).

I'm pretty sure I'll have to keep it, but it's still a bit odd (and unexpected) that an electric fire would blow out cold air.

Maybe I should take it up with Valor?

DoaM

Is the "cold air" due to the fact that a fan blows at the back to make pieces of cloth "wave about" so that (with back lighting) it gives a flame effect? (That's what our fire does on the light-only setting - can't remember the make/model of our fire, we've had it for years).

That air needs to go somewhere ... on our fire it doesn't seem to blow out the front of the fire though; or if it does then it's not noticeable.

unholyangel

whippet-gal wrote: »

Interesting replies - thank you.

To address the above comment - I thought I was stuck with the fire, seeing as I was actually using it & it's not faulty (presumably).

I'm pretty sure I'll have to keep it, but it's still a bit odd (and unexpected) that an electric fire would blow out cold air.

Maybe I should take it up with Valor?

Ask Valor - others seem to have gotten a replacement going to Dimplex (who own the valor brand).

You dont just have rights if goods are "faulty". You have rights if the goods fail to match its description, are not fit for purpose or if they arent of satisfactory quality - with something being satisfactory quality if it meets the standards of a reasonable person taking into account relevant information. Basically the legislation covers goods that do not conform to contract rather than faulty otherwise you would have situations of people paying for items, the items not doing what you bought it for but being stuck with it because theres no fault as such.

DoaM

unholyangel wrote: »

otherwise you would have situations of people paying for items, the items not doing what you bought it for but being stuck with it because theres no fault as such.

The part in bold would only be relevant if that intention was clear to the seller at the point of sale.