Freezer.

McKneff

Last week i ordered an undercounyer freezer and it was delivered by company set up and plugged in . In the garage. OH moved the food from the old one to the new one, no problem.
We were out most of Friday, Saturday and Sunday and today i went out to get some food and notice that the labels stuck on the front of the feeezer are scuffed , faded partly torn. I am not happy . No way this is fresh from a warehouse. I feel its a model which has been on the shop floor.
I spcifically told the man who is the boss that i would not want the shop model and he said i would get one from the warehouse.
Its his day off today so ive been promised a call tomorrow. Am i entitled to ask for a new replacement or a refund. I would prefer a replacement. Not sure where i stand

cono1717

If you haven't been delivered a new product, and you have ordered a new product (i.e the sales contract didn't mention second-hand) then you are entitled to have a new product.

That being said if the company can't deliver the contract they would issue a refund, you may have a claim for loss of enjoyment or loss of bargain or loss of the food or loss of mind, but depends weather or not you want to create that much of a fuss.

zoob

Was the freezer delivered in a box and unpacked?
It's worth checking if the retailer still has the model still on show instore.

Cono1717 is implying its maybe secondhand, does it look as if it's being used and then would be second hand if not it's a new product regardless if it was on display or not.

cono1717

Not always, what's to say a company hasn't boxed up a display model from another store, or even from their store. Packaging and boxes doesn't mean it's a new product, if there are obvious signs of use or wear and tear then it is clearly not new, certainly if the store are acknowledging this.

zoob

That's a possibility that it's being repacked and maybe not the model on display, I sell white goods and have being for over 30 years and manafatures labels half on and ripped is common enough and doesn't mean it's used or second hand.
If the shop has given out the model from the showroom they are wrong and should replace it, mind you it's still new and unused so not in anyway can be described as second hand.

McKneff

Local company so relies on a good name. He tried to argue that they deliver and unpack in the van and its normal to take the label s off, but one had info on for registering the appliance . Oh maybe so but not half chavelled off and torn . He seemed gobsmacked when i asked him to arrange an exchange but agreed . He knows i would have shred his reputaton on local selling sites so didnt argue. We are just a small market town. He delivered me a nice shiny new one today. The annoying part is that they thought i was stupid enough not to notice