Faulty Fridge Freezer

njjts0

Hi

My first post and Ineed a bit of advice.
I purchased a Fridge/Freezer fro Appliances Direct with next day delivery. It didnt turn up and was re arranged for the enxt day but unfortuantely I could not be there to receive it.

The item was delivered but when unpacked was damaged, it is unstable and rocks back and forth and is missing a stabilising block. I reported the damage last night and recieved a call this morning and they say that they will not replace it as they regard it as accepted as I have plugged it in. They have offered £50 but I would rather have a replacement that is not damaged.

The website states that 2 man deliveries will be unpacked and checked before being signed for, which did not happen as my mother was not aware of the requirement to do so and I had assumed that this would be an automatic process. They simply left it fully wrapped in the kitchen and left

I am left with an item that looks bad, is potentially dangerous when opened as things could fall out and a supplier who does not want to help.

I have logded a Pay Pal dispute and have advised them that I will be removing the item and storing it awaiting them collecting it.

Is this the right thing to do and should i be doing anything else?

Thanks in advance for any advice.

N

RoonilWazlib_2

Acceptance was a common concept under the Sale of Goods Act. When the Consumer Rights Act replaced it (October 2015) it is no longer applicable (except in rare cases which doesn't seem to apply here)


When did you order and when did you receive it? Could make a difference.
What is the damage? (aside from missing a stabiliser)

njjts0

Hi

Thanks for the reply.

I ordered on Tuesday 20 Dec with delivery for 21 Dec.
Received notification that Delivery Failed at 11.18 on 21 Dec, Advised that the item had not been supplied in time to delivery company.
Rebooked delivery 22 Dec and advised it would be delivered between 13.40 and 15.40. Delivered at 17.20.
Item unpacked and damage noticed after driver and mate had left. Advised Appliances Direct of damage at 19.00 approx.
Recieved a call at 8.20 23 Dec who offered £50 discount and when I refused and said I wanted a replacement when they said that they regarded it as accepted as it had been plugged in.
I advised them that if I had not been offered a replacement by 12 noon that I would remove the item and store it awaiting advice on them collecting it.

N

njjts0

Sorry didnt post that damage is the top of the item is crushed out of shape along the top right had edge of the cabinet. It is clearly visble from the front and right hand side.

neilmcl

So if it clearly damaged then why are you using it?

njjts0

I'm not. I have advised them that I am waiting for them to collect it. Does that make a difference?

theonlywayisup

Assuming you and the item are in the UK and you ordered online (taking your timelines), you have 30 days to reject the item for a full refund.

There are lots of links on google but this may be easy to digest http://www.which.co.uk/consumer-rights/regulation/consumer-rights-act

njjts0

Thanks for the info.

Any thoughts on whether I should be stating that I am storing the item awaiting their response or should I arrange for it to be returned? If so, can I recover the costs of returning it which may be quite substantial?

Thank in advance for your input.

N

njjts0

neilmcl.

Having read the last liink to the WHICH site posted above. Can I respectfully ask why you think that if I am using it is relevant?

I cannot see anything in the article which would suggest that using the item for 5 minutes or less than 6 months would be viewed differently under the legislation described.

I would be interested to get your thoughts given your history of posting and level of positive feedback.

N

ARandomMiser

njjts0 wrote: »

Thanks for the info.

Any thoughts on whether I should be stating that I am storing the item awaiting their response or should I arrange for it to be returned? If so, can I recover the costs of returning it which may be quite substantial?

Thank in advance for your input.

N

Arrange for them to pick it up so that they are responsible for the actions of the courier and if it goes missing. If you arrange carriage you become responsible plus you may not have a suitable return code/reference.

If it is damaged as you say, I would reject it.

susancs

I would make sure you email them and attach photos of the damage done prior to delivery . State that you are rejecting the goods and require a full refund, plus collection of their goods.