Advice re: damaged goods received

jojochappers

I ordered a microwave from Very. It arrived and I unpacked it, lifting it on to the worktop. I used it that night and all was well. Next day my son (who's at eye-level with it) noticed it was dented on one side. I contacted Very and explained that it had obviously arrived damaged and I wanted a replacement. Replacement duly arrived and I returned the damaged one.
Fast forward 2 weeks - my original damaged microwave is returned to me, with a note saying that it works fine and the damage is purely cosmetic and they won't refund me! They've since debited my account again so I now owe for 2 microwaves. Surely I have rights under the Consumer Goods Act? The advisor I spoke to says I shouldn't have been offered a return, merely a discount - I told her that I wouldn't have accepted a reduction as I don't want a dented microwave, regardless how cheap it was as I would be concerned about safety
! To add insult to injury, they've also charged me for return carriage and an 'admin fee'!!
Is it me??

Sarastro

https://www.which.co.uk/consumer-rights/advice/i-want-to-return-my-goods-what-are-my-rights

What does their returns policy say?

wesleyad

Hi Jojo,

Was this bought new or was it a refurbished model/display model etc?

If bought new and they are admitting it's damaged, cosmetically or otherwise, I cannot see what logic they are using to say that it is OK.

If its a refurb and was already described as "might have cosmetic damage" then of course this is fine.

shaun_from_Africa

jojochappers wrote: »

I have rights under the Consumer Goods Act?

You have the right of return under the Consumer Rights act:
http://www.legislation.gov.uk/ukpga/2015/15/part/1/chapter/2/crossheading/what-statutory-rights-are-there-under-a-goods-contract/enacted

Goods to be of satisfactory quality
(1) Every contract to supply goods is to be treated as including a term that the quality of the goods is satisfactory.

(2) The quality of goods is satisfactory if they meet the standard that a reasonable person would consider satisfactory, taking account of—

(a) any description of the goods,
(b) the price or other consideration for the goods (if relevant), and
(c) all the other relevant circumstances (see subsection (5)).
(3) The quality of goods includes their state and condition; and the following aspects (among others) are in appropriate cases aspects of the quality of goods—
(a) fitness for all the purposes for which goods of that kind are usually supplied;
(b) appearance and finish;
(c) freedom from minor defects;
(d) safety;
(e) durability.

Even if the unit was refurbished, any defects are only excluded if these were pointed out to you before the sale.

unholyangel

Remind very that you exercised your short term right to reject the goods for a refund under the Consumer Rights Act (quoted by shaun above) as they did not conform to contract and that any attempt to remove or restrict your statutory rights can amount to a criminal offence.

Then perhaps suggest that if they are going to continue to deny your statutory rights, they should seek legal advice before responding.