Mis-sold kitchen or appliance? Help!

born_again

FlaatusGoat said:

Alderbank said:

Just to clarify:

• You have a kitchen.
• The kitchen has a 600mm wide recess which is 290mm deep.
• You would like to fit a built-in microwave in that recess.
• You decided to buy and fit your own so you bought a microwave. The microwave you bought is about 2 inches deeper than the recess. 

Consumer law says that you can say to the trader, 'I need a microwave which will fit into a recess 290mm deep.' If the microwave you buy as a result does not fit that recess it does not conform to contract and you can demand a full refund.
Did you ask that question? If not, then the only responsibility the trader has with regard to the front-to-back dimensions is to make sure that it conforms to the advertised sizes

Perhaps you did not ask that question. If you bought the microwave online without any face-to-face contact with the trader you can change your mind about it for any reason and return it for a refund provided you tell the trader within 14 days of receiving it.
I don't think they can refuse to accept it back if you have cut the plug off. They can however reduce the amount of refund to reflect anything you have done to reduce its value, so you should expect to pay the cost of a new mains flex and plug to be fitted. You are usually also responsible for the cost of returning it. 

Who did you buy the microwave from and how did you pay?
Howdens do not sell to consumers. They say 'As a consumer, you need a trade professional to buy from us. We can put you in touch with a tradesperson in your local area.' So you would buy from and your consumer rights are with a local builder.

I bought it from a small appliance reseller rather than the usual big boys - AO/Curries/etc. To me (the consumer) I'd very wrongly assumed an integrated microwave was akin to any other integrated appliance. And why shouldn't I. I've had no issue with the fridge,oven,dishwasher I bought from them that are all integrated. The store is basically a warehouse with a small sticker on each bare-unit stating model number and make. No emphasis on dimensions or 'this is a tower unit' or 'this is a wall unit'. I challenged them on this and they simply said 9/10 there's no issues as most integrated machines sit the same unit as the oven where there's always sufficient depth. I'm a rare exception apparently with my fancy kitchen.

Any any of this does consumer law apply to me at all? Like any re-course whatsoever. As I paid by card in a really extreme situation I suppose I could potentially challenge the payment via the bank. Obviously easier still if I'd paid by credit card to do a section 75 or whatever.

S75 does not cover issues like this as the retailer has not done breeched any contract.
Same with a chargeback, they do not cover change of mind or buyer error for wrong size.

Alderbank

born_again said:

Jumblebumble said:

born_again said:

FlaatusGoat said:

Where does the responsibility lie (I know I'll be firmly told ME but I was genuinely none the wiser and at no point was this pointed out to me by anyone)

Sadly with you.

After chopping plug of, retailer can not resell microwave, they would have to scrap it.

Can you please clarify why the retailer could not simply fit a 13 amp plug to the appliance and sell it as a refurbished item if they felt so minded ?

They come with moulded plugs. So simply fitting a normal plug would leave them wide open should anything go wrong.

Moulded plugs is a common misconception. The Plugs and Sockets etc. (Safety) Regulations 1994 say the plug must be correctly fitted of course and comply with BS1363, which replacement screw-on plugs do.

Some brand new items are still sold with screw-on plugs, and the factory workers who fit them are probably trained but are unlikely to be NICEIC qualified. All legal though.

Bradden

Alderbank said:

born_again said:

Jumblebumble said:

born_again said:

FlaatusGoat said:

Where does the responsibility lie (I know I'll be firmly told ME but I was genuinely none the wiser and at no point was this pointed out to me by anyone)

Sadly with you.

After chopping plug of, retailer can not resell microwave, they would have to scrap it.

Can you please clarify why the retailer could not simply fit a 13 amp plug to the appliance and sell it as a refurbished item if they felt so minded ?

They come with moulded plugs. So simply fitting a normal plug would leave them wide open should anything go wrong.

Moulded plugs is a common misconception. The Plugs and Sockets etc. (Safety) Regulations 1994 say the plug must be correctly fitted of course and comply with BS1363, which replacement screw-on plugs do.

Some brand new items are still sold with screw-on plugs, and the factory workers who fit them are probably trained but are unlikely to be NICEIC qualified. All legal though.

I'm sure this is correct  - I think the point being made is that there item is now damaged and someone suitably qualified would have to repair it. Retailers are unwilling to take on this cost and the potential liability should the plug fail. Considering the now repaired item has a diminished value it's probably  not economical for them to offer this.

prettyandfluffy

I'd just advertise the microwave on FB marketplace and sell it on.  I don't see the retailer is at fault here, perhaps be glad you didn't make the same mistake with a much bigger and more expensive appliance.

Ksw3

As someone who over thinks absolutely everything, this is weirdly re-affirming...

I do think your best bet is to sell privately. Can you see what the second hand value is for the model you have? 

Money_Grabber13579

FlaatusGoat said:

Alderbank said:

Just to clarify:

• You have a kitchen.
• The kitchen has a 600mm wide recess which is 290mm deep.
• You would like to fit a built-in microwave in that recess.
• You decided to buy and fit your own so you bought a microwave. The microwave you bought is about 2 inches deeper than the recess. 

Consumer law says that you can say to the trader, 'I need a microwave which will fit into a recess 290mm deep.' If the microwave you buy as a result does not fit that recess it does not conform to contract and you can demand a full refund.
Did you ask that question? If not, then the only responsibility the trader has with regard to the front-to-back dimensions is to make sure that it conforms to the advertised sizes

Perhaps you did not ask that question. If you bought the microwave online without any face-to-face contact with the trader you can change your mind about it for any reason and return it for a refund provided you tell the trader within 14 days of receiving it.
I don't think they can refuse to accept it back if you have cut the plug off. They can however reduce the amount of refund to reflect anything you have done to reduce its value, so you should expect to pay the cost of a new mains flex and plug to be fitted. You are usually also responsible for the cost of returning it. 

Who did you buy the microwave from and how did you pay?
Howdens do not sell to consumers. They say 'As a consumer, you need a trade professional to buy from us. We can put you in touch with a tradesperson in your local area.' So you would buy from and your consumer rights are with a local builder.

I bought it from a small appliance reseller rather than the usual big boys - AO/Curries/etc. To me (the consumer) I'd very wrongly assumed an integrated microwave was akin to any other integrated appliance. And why shouldn't I. I've had no issue with the fridge,oven,dishwasher I bought from them that are all integrated. The store is basically a warehouse with a small sticker on each bare-unit stating model number and make. No emphasis on dimensions or 'this is a tower unit' or 'this is a wall unit'. I challenged them on this and they simply said 9/10 there's no issues as most integrated machines sit the same unit as the oven where there's always sufficient depth. I'm a rare exception apparently with my fancy kitchen.

Any any of this does consumer law apply to me at all? Like any re-course whatsoever. As I paid by card in a really extreme situation I suppose I could potentially challenge the payment via the bank. Obviously easier still if I'd paid by credit card to do a section 75 or whatever.

I think you just got lucky with the other appliances and your luck ran out with the microwave. There are also different sizes of dishwasher (at least 2) and washing machines (many) and the fact you just happened to pick up ones that fitted was through chance. Perhaps most appliances are of the same size but by no means are all of them the same size.