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    • sirhc_sorg
    • By sirhc_sorg 3rd Dec 19, 11:43 AM
    • 1Posts
    • 0Thanks
    Returning a 'Free' Item
    • #1
    • 3rd Dec 19, 11:43 AM
    Returning a 'Free' Item 3rd Dec 19 at 11:43 AM
    Advice please!

    I have had a new kitchen fitted that includes appliances bought with 'credits'. The more I spent on kitchen units, the more 'credits' I got to spend on said appliances.

    Since being fitted we have an appliance that has never worked.

    I have given them plenty of chance to come and fix it or replace it (4 months) but it still isn't working.

    Having enough of it, I want to return it, but the shop say that because all the appliances are not 'bought' there is no monetary value.

    Are they right?..... should i expect a refund on the cost of the item had i bought it separately from the kitchen unit?
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    • eddddy
    • By eddddy 3rd Dec 19, 12:31 PM
    • 8,774 Posts
    • 9,157 Thanks
    • #2
    • 3rd Dec 19, 12:31 PM
    • #2
    • 3rd Dec 19, 12:31 PM
    The "free" appliances were part of the contract, and a 'reasonable person' would assume that appliances supplied with a kitchen would work.

    Therefore, based on what you say, it sounds like the kitchen company are in breach of contract, by supplying free, non-working appliances.

    So, using the legal jargon, you should be put in the position that you would have been if the terms of the contract had been met as agreed.

    So I guess the possible options for them include ...
    1. Repair the appliances
    2. Provide replacement appliances and cover the cost of removal/installation
    3. Pay you the cost of buying replacement appliances plus the cost of removal/installation

    But if they refuse, you might have to make a court claim for damages (i.e. The cost of replacement appliances plus the cost of removal/installation.)
    • davidmcn
    • By davidmcn 3rd Dec 19, 12:46 PM
    • 13,881 Posts
    • 16,078 Thanks
    • #3
    • 3rd Dec 19, 12:46 PM
    • #3
    • 3rd Dec 19, 12:46 PM
    If you bought everything as part of the same deal then your statutory rights are the same.

    If it were a "3 for 2" offer in a supermarket, they wouldn't be able to fob you off if you complained about one item by claiming it was the "free" one - same principle here.
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