Advise please - Fridge purchase online - Replacement has arrived damaged too!

samprize

We purchased a fridge for £500 on Costco website and it was delivered but open opening the packaging it was really badly dented and caved in at the back, we asked Costco for a replacement and they agreed.
We are now in the predicament that the replacement is also faulty with a dent on the bottom left (not too bad for us as against counter this side) and a scratch and folded in dent on the bottom right side (this is clearly visible but is cosmetic damage).
Costco will not send a replacement now only a refund.

We are really disappointed as we want this particular fridge but should we have to accept the damage when we have paid full price?
I was under the impression that buying this online they have to supply goods as described, fit for purpose and of satisfactory quality.

Any advise appreciated,

pinkshoes

They have supplied the goods. They are faulty. They have offered a refund. 

If you want to keep the fridge and accept the cosmetic damage, then try negotiating a discount. They don't have to agree though.

Diamandis

Take the refund and try and order again? You don't have to accept the damage at all and they're not asking you to.

the_lunatic_is_in_my_head

Can you still order the fridge online?

Refund and new order may be an option for a, hopefully, dent free fridge.

If you are happy to keep the current fridge you have the right to a full refund (and return the fridge) but also a price reduction (and keep the fridge)

Details below, the amount of any price reduction is subjective and what you can agree with Costco really but you would be entitled to an amount back.  

This assumes you have an individual membership with them, if you have a trade membership they will likely suggest consumer rights won't apply  

https://www.legislation.gov.uk/ukpga/2015/15/section/24/enacted

(1)The right to a price reduction is the right—

(a)to require the trader to reduce by an appropriate amount the price the consumer is required to pay under the contract, or anything else the consumer is required to transfer under the contract, and

(b)to receive a refund from the trader for anything already paid or otherwise transferred by the consumer above the reduced amount.

(2)The amount of the reduction may, where appropriate, be the full amount of the price or whatever the consumer is required to transfer.

(3)Section 20(10) to (17) applies to a consumer’s right to receive a refund under subsection (1)(b).

(5)A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—

(a)after one repair or one replacement, the goods do not conform to the contract;

(b)because of section 23(3) the consumer can require neither repair nor replacement of the goods; or

(c)the consumer has required the trader to repair or replace the goods, but the trader is in breach of the requirement of section 23(2)(a) to do so within a reasonable time and without significant inconvenience to the consumer.

Ergates

samprize said:

We purchased a fridge for £500 on Costco website and it was delivered but open opening the packaging it was really badly dented and caved in at the back, we asked Costco for a replacement and they agreed.
We are now in the predicament that the replacement is also faulty with a dent on the bottom left (not too bad for us as against counter this side) and a scratch and folded in dent on the bottom right side (this is clearly visible but is cosmetic damage).
Costco will not send a replacement now only a refund.

We are really disappointed as we want this particular fridge but should we have to accept the damage when we have paid full price?
I was under the impression that buying this online they have to supply goods as described, fit for purpose and of satisfactory quality.

Any advise appreciated,

The damage may look to be only cosmetic, but that amount of dents means the fridge has taken a beating at some point - meaning there could also be damage to internal components, which could shorten it's effective lifespan.

Aylesbury_Duck

It's not clear what outcome you want.  Is the fridge still in stock?

Surely the simplest thing to do is to take the refund and buy a replacement? 

samprize

Thanks for replies,

We would have returned and reordered but they have put the fridge up in price since we ordered.

shiraz99

samprize said:

Thanks for replies,

We would have returned and reordered but they have put the fridge up in price since we ordered.

Then look elsewhere or choose a different FF. The seller is under no legal obligation to provide you with a replacement if a refund is cheaper for them.

TELLIT01

I would return it and look elsewhere, even if it means getting a different fridge.  As Ergates has said, you cannot be certain that the damage is purely cosmetic.  Assuming it was properly packaged, it would require considerable force to damage to both sides.

samprize

OK thanks for your advise, It was really poorly packaged, with just two corners having polystyrene and then a cardboard box around it.