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Adexa direct Damaged fridge

Hi everyone,
I’m seeking advice regarding an issue with a damaged fridge delivery from Adexa Direct.
As a registered severely sight-impaired/blind individual, I was unable to inspect the item upon delivery. However, when my friend unpacked it, they noticed a dent on the fridge door and a hole in the box where a fork lift fork had gone through the side of the box and put a hole in the back of the fridge. This suggests the damage occurred before or during delivery. I would like to point out there was no box or packing damage on the front around the door dent.
I reported the issue within 24 hours, providing photographic evidence of the damage and proof of my visual impairment. However, Adexa has refused to address the matter, citing their terms and conditions, which state that items must be inspected and any issues reported at the time of delivery.
I’ve highlighted that:
1. The Consumer Rights Act 2015 requires goods to be of satisfactory quality, which this item was not.
2. Their inspection clause cannot override my statutory rights.
3. Their refusal to consider my circumstances breaches the Equality Act 2010, which obligates businesses to make reasonable adjustments for disabled customers.
Despite these points, Adexa has yet to offer a resolution. I’ve requested that they collect the damaged item at no cost and either provide a replacement or issue a refund.
If they remain uncooperative, I plan to escalate the matter to Trading Standards. Has anyone else experienced similar issues with Adexa or other retailers, and what was the outcome? Any advice on the best course of action would be greatly appreciated!
Thanks in advance for your help.
Comments
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Kineticjd said:
Hi everyone,
I’m seeking advice regarding an issue with a damaged fridge delivery from Adexa Direct.
As a registered severely sight-impaired/blind individual, I was unable to inspect the item upon delivery. However, when my friend unpacked it, they noticed a dent on the fridge door and a hole in the box where a fork lift fork had gone through the side of the box and put a hole in the back of the fridge. This suggests the damage occurred before or during delivery. I would like to point out there was no box or packing damage on the front around the door dent.
I reported the issue within 24 hours, providing photographic evidence of the damage and proof of my visual impairment. However, Adexa has refused to address the matter, citing their terms and conditions, which state that items must be inspected and any issues reported at the time of delivery.
I’ve highlighted that:
1. The Consumer Rights Act 2015 requires goods to be of satisfactory quality, which this item was not.
2. Their inspection clause cannot override my statutory rights.
3. Their refusal to consider my circumstances breaches the Equality Act 2010, which obligates businesses to make reasonable adjustments for disabled customers.
Despite these points, Adexa has yet to offer a resolution. I’ve requested that they collect the damaged item at no cost and either provide a replacement or issue a refund.
If they remain uncooperative, I plan to escalate the matter to Trading Standards. Has anyone else experienced similar issues with Adexa or other retailers, and what was the outcome? Any advice on the best course of action would be greatly appreciated!
Thanks in advance for your help.
Trading standards don't take on individual complaints, so will be of no use to you. How did you pay for the fridge as you may have some comback that way.Failing that, it's a letter before action and you raise a case in the small claims court.
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You are correct regarding the points you have highlighted - there is no ambiguity here, they are wrong, you are right. From looking at their website "Adexa Direct is one of the leading suppliers of commercial catering equipment", they are mainly involved in B2B sales, so maybe not well versed in consumer laws. However, unless your purchase was made by a business this doesn't let them off the hook. (I'm assuming you're not acting as a business).
Trading Standards won't do anything (though it it still worth reporting to them).
Sometimes people get better results by emailing the CEO of the companies direct:
Adexa Direct Limited Director Email address contact and Telephone number | Kevin O'Donoghue (Company Number: 10662078) | UK
If that doesn't work, the next step would be to send a "letter before action" outlining your position (as you've stated above), the resolution you expect, and a timescale (e.g. 2 weeks) for them to act before you initiate legal proceedings. There are templates for the letters online (I think there is one on the MSE site somewhere) - a google search will return some. Then, if they don't respond satisfactorily, then start a small claims case.0 -
Kineticjd said:
... I’ve highlighted that:
1. The Consumer Rights Act 2015 requires goods to be of satisfactory quality, which this item was not.
2. Their inspection clause cannot override my statutory rights.
3. Their refusal to consider my circumstances breaches the Equality Act 2010, which obligates businesses to make reasonable adjustments for disabled customers...
The other point that night be helpful for you to draw their attention to is the definition of a "consumer" in s2(3) of the Consumer Rights Act 2015 :
“Consumer” means an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession
So long as you meet that definition you are covered by the protections of the Consumer Rights Act and, as you've already pointed out to them, their T&Cs cannot override those protections.
Adexo Adexa is one of those retailers who crop up here from time to time. As with companies like Howdens they purport to limit their sales only to business or commercial customers but don't do much to ensure that their customers aren't consumers. My view is that so long as you bought as a consumer without any enquiry* from Adexo Adexa, then you are a consumer and are protected regardless of what their T&Cs say.
Good luck!
*Might be different if you had to sign some sort of declaration that you were not buying as a consumer, but I'm not sure even that would be enough to help Adexo Adexa. Anyway, I assume you didn't have to do anything like that?
[Edit: This is an example where Adexa eventually backed own after a lot of argument. You need to keep at them: Refusing to refund - consumer rights options? — MoneySavingExpert Forum ]0
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