Consumer Rights - Wrong Description of Fridge

24
Found 23rd Oct 2017Edited by:"DarrylJohn"
So I bought a fridge freezer, advertised as 70/30. Opened the packaging, turned on, all looks/works fine. Didn't give it a second thought, turns out it's 60/40.

Short question, Am I within my right to a full refund?

Cheers
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If the goods are not as described you should be entitled to your money back but if you can live with 60/40, perhaps you could negotiate some compensation.
Yeah I can live with it, but obviously just wanted to know I was protected. I'll phone them in the morning

Cheers
Apparently plugging it in seems it acceptance of goods so no budge on that... Is that right? It's wrongly advertised. Why would I assume it was incorrect?
DarrylJohn8 m ago

Apparently plugging it in seems it acceptance of goods so no budge on …Apparently plugging it in seems it acceptance of goods so no budge on that... Is that right? It's wrongly advertised. Why would I assume it was incorrect?


It doesn’t matter if you have plugged it in. In theory Yes it is acceptance which you have accepted and can live with but you are entitled to speak to the retailer about negotiating compensation as previously mentioned. However, do you have proof of the fridge freezer you had in mind like photo of ticket or description of product seen online as there could be a chance you may have received the wrong fridge freezer as a picking error?
Hi, it's still showing online as 70/30 when it's not if that helps?

I also paid through PayPal.
Take screen shot of what it shows online. Double check the model number matches what you seen online. If it matches or is right one call the retailer to negotiate a compensation. If it’s the wrong one check your sales invoice to double check what you ordered and call the retailer for an exchange.
Make sure you have the evidence it is incorrectly described and you are on pretty firm ground.
Probably best to suggest you want them to take the fridge freezer back as "it is not as described".

Leave it to them to suggest a discount etc as they won't want to return the unit.

If you ask for a discount from the off they could just say no - leaving you limited room to manouver.
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deleted912245
Hi,
Yes, goods that are not described as what you purchased them under is refundable. I would advise not to phone until last resort, make sure everything is in writing either email or letters as this can help you if the fail to comply with the Consumer rights act. If you need any help I would suggest National Citizens advice Bureau!
deleted91224523rd Oct 2017

Hi,Yes, goods that are not described as what you purchased them under is …Hi,Yes, goods that are not described as what you purchased them under is refundable. I would advise not to phone until last resort, make sure everything is in writing either email or letters as this can help you if the fail to comply with the Consumer rights act. If you need any help I would suggest National Citizens advice Bureau!



I’m not sure that argument holds up when it’s been opened and plugged in. The retailer should come to some agreement though without too much pain
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deleted912245
Dannyrobbo2 h, 7 m ago

I’m not sure that argument holds up when it’s been opened and plugged in. …I’m not sure that argument holds up when it’s been opened and plugged in. The retailer should come to some agreement though without too much pain


Yes it does, you never really know if the item is as described until you get it out of the box or use it for its specific use
deleted91224524th Oct 2017

Yes it does, you never really know if the item is as described until you …Yes it does, you never really know if the item is as described until you get it out of the box or use it for its specific use


i believe this is correct. 'not as described' might not be known until the item is used, and the law doesnt state that it may only be returned unused for this instance.
70/30, 60/40 do mean the proportion of fridge space to freezer space?
deleted91224524th Oct 2017

Yes it does, you never really know if the item is as described until you …Yes it does, you never really know if the item is as described until you get it out of the box or use it for its specific use



What specific regulations are you quoting though, it’s all well and good saying it but without anything to back it up it’s just your word.

the Consumer rights act says the it had to be as described if not you have 30 days to get a full refund or replacement. However if the item is used or interefered with then it can be interpreted in law that you have accepted it in its current condition.

the retailer will help you get this sorted but please stop spreading misinformation it’s not a given that they will refund or replac.
Aside of your legal rights, if you paid by Paypal and it isn't as described you can open a case 180 days from purchase. You will have to pay to return it but Paypal will help with £15 towards that.

paypal.com/uk/…rns
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Dannyrobbo2 h, 10 m ago

What specific regulations are you quoting though, it’s all well and good s …What specific regulations are you quoting though, it’s all well and good saying it but without anything to back it up it’s just your word.the Consumer rights act says the it had to be as described if not you have 30 days to get a full refund or replacement. However if the item is used or interefered with then it can be interpreted in law that you have accepted it in its current condition.the retailer will help you get this sorted but please stop spreading misinformation it’s not a given that they will refund or replac.


They are providing misleading information about the main characteristics of the fridge. Check Consumer protection from unfair trading regulations.

And wrong, you’re not going to actually know wether the product is working or not until you actually open and turn it on. If it doesn’t work then you have 30 days to get a refund or replacement as you said.

Spreading misinformation? Lol do you have any experience or background in Law?
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windym59 m ago

Aside of your legal rights, if you paid by Paypal and it isn't as …Aside of your legal rights, if you paid by Paypal and it isn't as described you can open a case 180 days from purchase. You will have to pay to return it but Paypal will help with £15 towards that.https://www.paypal.com/uk/webapps/mpp/refunded-returns


This is a very good point.
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deleted912245
adamspencer952 h, 27 m ago

i believe this is correct. 'not as described' might not be known until the …i believe this is correct. 'not as described' might not be known until the item is used, and the law doesnt state that it may only be returned unused for this instance.


Thank you, Shame people want to disagree and start making up their own conditions of law lol
Just wondering how you know it's 60/40 and not 70/30. Does the percentage split refer to the space within the outside casing (inc insulation), the available storage space, or perhaps even the style of the split.

If it's not a specific enough term, then the retailer might be able to dispute your claim.
deleted91224524th Oct 2017

They are providing misleading information about the main characteristics …They are providing misleading information about the main characteristics of the fridge. Check Consumer protection from unfair trading regulations. And wrong, you’re not going to actually know wether the product is working or not until you actually open and turn it on. If it doesn’t work then you have 30 days to get a refund or replacement as you said. Spreading misinformation? Lol do you have any experience or background in Law?



Faulty items are different to not as described. This is a not as described case and if you have powered it on and used the fridge it can be considered as you have accepted its condition. They may give you a partial refund they may agree to take it back. All I am saying if he has opened it and put food into this purchase the retailer does not automatically have to take it back. By the sounds of it the retailer knows this and is not budging on it.

the law you have quoted is pretty useless in this case as again you do have 90 days to bring action however it is if you haven’t fully consumed the goods in question.

also yes contract law was my background.
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deleted912245
Dannyrobbo11 m ago

Faulty items are different to not as described. This is a not as …Faulty items are different to not as described. This is a not as described case and if you have powered it on and used the fridge it can be considered as you have accepted its condition. They may give you a partial refund they may agree to take it back. All I am saying if he has opened it and put food into this purchase the retailer does not automatically have to take it back. By the sounds of it the retailer knows this and is not budging on it.the law you have quoted is pretty useless in this case as again you do have 90 days to bring action however it is if you haven’t fully consumed the goods in question.also yes contract law was my background.


Yes they are. So you are/ were a Lawyer/Solicitor?
I was a Paralegal for a firm that specialised in contract law after I graduated.
If you paid by paypal then i take it you bought the item over the internet and was delivered to you if so then you may be covered by the distance selling regulations which are slightly stronger than if you purchased on a shop floor. I don't know of any part of those regulations that say plugging the item in is acceptance of goods. Not as described could be it turned up in a different size to what was described or simply you plugged it in and it didn't work. both of those could be said to be not as described. Personally i would contact paypal to see what they would say as paypal protection is stronger yet again.

I do believe a washing machine company once tried this with me saying as i plugged the item in they couldn't exchange it I explained that under distance selling regulation i was with in my rights to exchange an item that wasn't as described.
Just to update, I got in touch via email and it was a no go. Got in touch with them via PayPal and not only offered me £65 back, but told me they'd update their site. Win win really!

Customer service was unhelpful prior to PayPal though.

It's practically a further 18% off the 350 I'd paid last month. It's this electrical.coop.co.uk/ref…bk/

Still showing 70/30 though.
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