Dixons online - am I being reasonable.

LJD1_2

Hiya
I've mentioned this on another thread but don't want to continue hijacking it so thought i'd ask a few questions here. I know you'll all call a spade a spade and tell me if i'm being reasonable in my complaint so here goes.

We bought a belling range style cooker for £629 in the sales. It was a new cooker - not a shop floor model or a second etc. When it arrived there were scratches and a dent in the top of the cooker and the ignition button were missing. At the time these were the only problems that my mum saw - she took delivery of it at my house. The delivery men told her that it could get fixed and the local currys would arrange a partial refund of about 15%. She didn't get this in writing.

When we got home we went to Currys who said it had nothing to do with them as we bought it online. We then phoned numerous numbers trying to speak to someone to get it sorted out. The only people interested were belling under the 12 month guarantee.

In the meantime we realise that one oven can't be used because the thermostat isn't attached and the screws down one side of the cooker aren't actually fitted properly.

I have got nowhere phoning dixons so I emailed them and actually got a reply saying that they apoligised for the problems and if I phoned them up I would get a partial refund. I phoned the number and the person who answered didn't know what I was talking about.

I've since made several other phonecalls and am waiting for them to call me back. I have quoted the sale of goods act in that I can't use part of the cooker and the act also states that if the finished product should be free from minor defects and finish should be ok.

The cooker is being fixed by belling in three weeks time. Have Dixon's forfilled their contract in that it is being fixed even though by someone else. Am I entitled to a partial refund for the problems or is this unreasonable. I am more than willing to fight my corner but only for what I am entitled.

In an ideal world I'd send the cooker back and buy it from a different retailer, however, it is now plumbed into the gas and would cost to get it disconnected and then a new one connected. I'd also be without a cooker. Next time i'll make sure i'm in when we get something delivered!

Many thanks in advance.

yeslek

ok first off. is it a currys or dixons issue as even though they are the under same umbrella i'm pretty sure you cant contact one for goods you purchased at the other

LJD1_2

It is a dixons online issue - I think the delivery men got a bit confused!

rjm2k1

The cooker was unfit for purpose so under the SOG act, you can request to return it for a full refund, also under distance selling I think you can return it within a period even if it isn't faulty.

The retailer is responsible for either taking it back and issuing a refund or ,if you accept, repairing the item. Since you don't want to return it because it's been installed a repair is in order, which is the retailers responsibility.

By getting the manufacturer to repair it, you have allowed the retailer to shirk their responsibilities under the SOG act and as such should do your best to get compensation for the repair and inconvenience out of them.

The fact that the retailer may have eventually contacted the manufacturer to perform the repair is probably irrelevant, despite it being the same party at the end of the day who makes the repair, since the retailer did not arrange it as per their responsibilities.

If you bought this using a credit card, contact your card company and see what they say about it, they may be able to sort out a partial refund for you.

LJD1_2

Many thanks rjm2k1
Sadly I didn't buy it on a credit card - i've learnt my lesson and will from now on. I suppose I should be happy that eventually i'll have a cooker that is in full working order but it makes my blood boil that Dixon's can get away with this. It's probably not helping that I don't want to return it as it's already plumbed in - however, if we hadn't I'd have been unable to cook for my family - currently we can use one oven and the hob. I've quoted SOG act at Dixon's and they just laugh. Great company!

rjm2k1

In that case I would snail mail them and send the response to their local trading standards if they express the same view in their response.