Currys Fridge Freezer Return within 14 day - Internet Purchase

Ray2020

Hi, I have purchased a fridge freezer from Currys via the internet and it was delivered and put in place by there delivery team. They checked the spacing\gap to ensure it was suitable. They measured the gap and I checked it was suitable - they confirmed it was ok.  10 days later and I have gone into my cabinets by the side of the freezer and the wood of the cabinets together with the contents close to the side of the fridge are boiling hot. I spoke to Currys and they gave me the contact details of the engineers who were concerned (as I was) that this could be a fire risk as the gap is obviously too small for the heat generated from this fridge freezer. The engineer came today and said that it should be changed for a fridge\freezer that has more of a gap on the side - he put in a statement that the gap is insufficient for this fridge - he also said they exchange is if is within 2 or 4 weeks - I am within both.
I have just spoken to Sheffield customer services and I am being told as it was turned on it is used and they won't replace it, despite it is a danger. They say I should take it to consumer standards and there is no way they will take it back. What can I do - I live in an elderly community and I am very concerned about the hear generated. I also thought since I purchased it online and got the delivery men to check I would be covered. Am I going to have to ditch a £450 fridge freezer!!!

TELLIT01

You need to argue the case that it is not fit for purpose, despite being told by the installers that it was.  You couldn't have known there was a problem without switching it on.  In the first instance I would call Customer Services again and if you get the same response, demand to speak to a manager.  Get the names of all individuals you speak to to and note the date and time.

FreeBear

TELLIT01 said:  In the first instance I would call Customer Services again and if you get the same response, demand to speak to a manager.  Get the names of all individuals you speak to to and note the date and time.

If they still won't play ball, remind them of their obligations under the consumer protection laws and distance selling regulations.

Presumably, you paid for this with a credit card - In which case you can involve the credit card company as they will have joint liability for any purchase over £100.

Ray2020

Thanks for the feedback - I told them I classed it as an installation issue and that I purchased it on the internet and therefore I was covered by that but they said it used. The rep had me on hold and came back to tell me that 3 managers confirmed that they had no intention of doing anything. I paid with Paypal so I don't know if I can get some help from them?

Ray2020

I am contacted Haier as well as the clearance distance they state is needed around the unit is obviously not sufficient for the unit to be run safely.

the_lunatic_is_in_my_head

Google CEO email and find the email for Currys on there, you'll hopefully find a better response from them.

FYI you have 14 days beginning the day after delivery to cancel your contract, they can deduct for an item being handled beyond what is available in a shop but can't refuse flat out to accept the goods back.  

Given they installed it the opportunity to advise the gap was too small was their's to make at the time which would have meant the goods wouldn't have been used. 

You would have likely lost the return costs (+ possibly the installation fee) in that situation. 

Hopefully the CEO office will give you a decent resolve. 

FreeBear

Ray2020 said: I paid with Paypal so I don't know if I can get some help from them?

Raise a dispute with PayPal - They are often pretty good..

Next step would be to contact the local Citizens Advice office and get Trading Standards involved and/or lodge a complaint with the CEO of Currys.

ashe

I thought under consumer contract regulations it doesn’t matter if it’s used? You have 14 days to trial it in your home and can open the packaging and use the item. As long as condition is fine you should be ok? Could be wrong but look that up. 

Money_Grabber13579

ashe said:

I thought under consumer contract regulations it doesn’t matter if it’s used? You have 14 days to trial it in your home and can open the packaging and use the item. As long as condition is fine you should be ok? Could be wrong but look that up. 

Yes, you are wrong. Otherwise, I would never have to pay for anything as I would just buy things, use them, return them 14 days later and could buy them again the next time I needed them.

You can only handle the goods to the same extent that you would in a shop, which basically means look at them. Some shops will allow you to take them out of the packaging and touch them but I’m not aware of any shops that will allow you to use them.

grumbler

Money_Grabber13579 said:

ashe said:

I thought under consumer contract regulations it doesn’t matter if it’s used? You have 14 days to trial it in your home and can open the packaging and use the item. As long as condition is fine you should be ok? Could be wrong but look that up. 

Yes, you are wrong. Otherwise, I would never have to pay for anything as I would just buy things, use them, return them 14 days later and could buy them again the next time I needed them.

You can only handle the goods to the same extent that you would in a shop, which basically means look at them. Some shops will allow you to take them out of the packaging and touch them but I’m not aware of any shops that will allow you to use them.

Your right to cancel an order for goods starts the moment you place your order and ends 14 days from the day you receive your goods.

...

A deduction can be made if the value of the goods has been reduced as a result of you handling the goods more than was necessary.

The extent to which you can handle the goods is the same as it would be if you were assessing them in a shop. - https://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations

Ray2020 said:

They say... there is no way they will take it back.

George_Michael

grumbler,
you've responded to a thread that was started almost 2 months ago.
It's only resurfaced because of jimboy500 spamming the forum with a Facebook link.