jimboy2 Posted August 2, 2015 Share Posted August 2, 2015 (edited) So on the 7th of June we ordered a shiny new induction hob from currys. We had all intentions to fit it 2 weeks later but there was some issues with the house refurb and it got pushed back to yesterday. Went to install it yesterday and found one of the corners has snapped off. When we took delivery I opened the box to check contents but didn't remove it completely as I didn't want to disturb the packaging to much. The corners are covered in polystyrene so couldn't see it when I opened it. Spoke to currys this morning and they have said there is nothing they can do as it's passes the 29 days. Is it a case of suck it up and buy a new one or should I take it further? You lot have some experience at this sort of thing. Ekona I'm looking at you lol Edited August 2, 2015 by jimboy2 Quote Link to comment Share on other sites More sharing options...
Stutopia Posted August 2, 2015 Share Posted August 2, 2015 Surely that's covered by at least warranty, if not under "reasonable time" to return it? If you'd fitted it and then corner went and snapped off after a month, you'd be due a fix/repair/replace, so I'm not sure why they think you just have to live with it? http://www.which.co.uk/consumer-rights/regulation/sale-of-goods-act Quote Link to comment Share on other sites More sharing options...
jimboy2 Posted August 2, 2015 Author Share Posted August 2, 2015 Surely that's covered by at least warranty, if not under "reasonable time" to return it? If you'd fitted it and then corner went and snapped off after a month, you'd be due a fix/repair/replace, so I'm not sure why they think you just have to live with it? http://www.which.co.uk/consumer-rights/regulation/sale-of-goods-act Exactly what I thought. Thy said as it's past the 28 days there is nothing they can do. Quote Link to comment Share on other sites More sharing options...
jimboy2 Posted August 2, 2015 Author Share Posted August 2, 2015 Too add, they also offered me 10% off me buying a new one! Quote Link to comment Share on other sites More sharing options...
Stutopia Posted August 2, 2015 Share Posted August 2, 2015 Surely that's covered by at least warranty, if not under "reasonable time" to return it? If you'd fitted it and then corner went and snapped off after a month, you'd be due a fix/repair/replace, so I'm not sure why they think you just have to live with it? http://www.which.co.uk/consumer-rights/regulation/sale-of-goods-act Exactly what I thought. Thy said as it's past the 28 days there is nothing they can do. If you read that link, it talks about 3-4 weeks for rejecting it (presumably with a view to money back) but if you just want a repair/replace I can't personally see they've got a leg to stand on. Did you ask them for your money back or just to sort it out? Quote Link to comment Share on other sites More sharing options...
jimboy2 Posted August 2, 2015 Author Share Posted August 2, 2015 Surely that's covered by at least warranty, if not under "reasonable time" to return it? If you'd fitted it and then corner went and snapped off after a month, you'd be due a fix/repair/replace, so I'm not sure why they think you just have to live with it? http://www.which.co.uk/consumer-rights/regulation/sale-of-goods-act Exactly what I thought. Thy said as it's past the 28 days there is nothing they can do. If you read that link, it talks about 3-4 weeks for rejecting it (presumably with a view to money back) but if you just want a repair/replace I can't personally see they've got a leg to stand on. Did you ask them for your money back or just to sort it out? I asked for them to sort something out. Thought a straight replacement would have been sufficient. Problem is we need this hob now. Quote Link to comment Share on other sites More sharing options...
KyleR Posted August 2, 2015 Share Posted August 2, 2015 I guess they might do something "out of good faith" but as far as I see it you should have inspected it correctly when it was delivered. Although you know you didn't damage it, how are they to know that it wasn't stored incorrectly for the 2 months and got damaged? Quote Link to comment Share on other sites More sharing options...
LRF4N Posted August 2, 2015 Share Posted August 2, 2015 Currys are a nightmare to deal with. We ordered undercounter fridge and freezer. They sent out 2 fridges Called them, the next day they uplifted the fridge and delivered....another fridge. Took them ages to get it right Emailed them to complain they were a nightmare dealing with that as well. Around 2 hours on the phone over 5-6 calls, they really stressed me out Eventually got £50 compensation but I vowed never to go back to them In your case you are out of your return period so I don't think they're obliged to exchange. But if they value their customer service they would understand that most of their customers don't open items right away with bigger projects. But going on my experience with them I wouldn't hold my breath Quote Link to comment Share on other sites More sharing options...
Tricky-Ricky Posted August 2, 2015 Share Posted August 2, 2015 (edited) Take it the Citizen's advice/trading standards, and tell Curry's that your doing so....I suspect they will soon change their minds. Edited August 2, 2015 by Tricky-Ricky 1 Quote Link to comment Share on other sites More sharing options...
Ekona Posted August 2, 2015 Share Posted August 2, 2015 I guess they might do something "out of good faith" but as far as I see it you should have inspected it correctly when it was delivered. Although you know you didn't damage it, how are they to know that it wasn't stored incorrectly for the 2 months and got damaged? ...is the correct answer. Couple of weeks you'd be okay with, but two months is stretching it a bit. I'd go in store on a quiet day, ask to speak to a manager, and get some kind of rapport going so he feels sorry for you and helps you out. Quote Link to comment Share on other sites More sharing options...
nissanjuke Posted August 2, 2015 Share Posted August 2, 2015 boycott curry,s Quote Link to comment Share on other sites More sharing options...
Stutopia Posted August 2, 2015 Share Posted August 2, 2015 I guess they might do something "out of good faith" but as far as I see it you should have inspected it correctly when it was delivered. Although you know you didn't damage it, how are they to know that it wasn't stored incorrectly for the 2 months and got damaged? ...is the correct answer. Couple of weeks you'd be okay with, but two months is stretching it a bit. I'd go in store on a quiet day, ask to speak to a manager, and get some kind of rapport going so he feels sorry for you and helps you out. Better yet, get the Mrs to do it and use her femine ways. Obvs, if the manager is a lady, you might be in trouble Quote Link to comment Share on other sites More sharing options...
davedutch Posted August 2, 2015 Share Posted August 2, 2015 If as I suspect you are saying the hob was damaged in transit then you really can't expect them to replace it free after two months, the best you can hope for is a goodwill gesture, did you by any chance take photos of it in its packaging when it arrived? If so and the packaging shows the damaged area you might have a chance but I kind of guess if you saw damaged packaging you would have looked more closely on delivery. I think you will have to smile sweetly and learn a lesson from this experience, perhaps think about claiming on your household insurance if you are covered for all risks. Dear insurance Co, bought this hob two months ago and when I came to fit it it was damaged...... but your premium may go up. 1 Quote Link to comment Share on other sites More sharing options...
jimboy2 Posted August 2, 2015 Author Share Posted August 2, 2015 Think I may well be taking this one on the chin! Thanks for all your input Quote Link to comment Share on other sites More sharing options...
veilside z Posted August 2, 2015 Share Posted August 2, 2015 Two choices, claim as it was purchased by somebody to give you as a gift for a forthcoming birthday,having just opened Trading standards will tell you that, YOU WILL have a case as it has been sold and not fit for the purpose it was intended for as its damaged , second option by another hob and exchange the damaged hob for the good one, re seal then take to store as an unwanted gift. Both options I have proved and tested before Quote Link to comment Share on other sites More sharing options...
Ekona Posted August 2, 2015 Share Posted August 2, 2015 Brilliant, your answer is to lie? That's called fraud. Quote Link to comment Share on other sites More sharing options...
ilogikal1 Posted August 2, 2015 Share Posted August 2, 2015 But at least he's read this thread before replying... 1 Quote Link to comment Share on other sites More sharing options...
veilside z Posted August 2, 2015 Share Posted August 2, 2015 Its not FRAUD. You have bought and paid for one in the first instance which was damaged. You either go through Trading Standards to claim its not fit for purpose under the Sale of Goods act . (( Under the Sale of Goods Act 1979 goods must be as described, of satisfactory quality and fit for purpose)) look it up on Google, or buy another and take the damaged one back on the NEW receipt. Don't say it's never been one before. and if you know that you have not done it yourself. why be out of pocket. Currys simply send it back to Manufacturer, who can afford a hit in the pocket unlike yourself. A friend once worked for them and if I told you what went in the skip you would be disgusted. Your choice. Quote Link to comment Share on other sites More sharing options...
Sarnie Posted August 2, 2015 Share Posted August 2, 2015 Its not FRAUD. You have bought and paid for one in the first instance which was damaged. You either go through Trading Standards to claim its not fit for purpose under the Sale of Goods act . (( Under the Sale of Goods Act 1979 goods must be as described, of satisfactory quality and fit for purpose)) look it up on Google, or buy another and take the damaged one back on the NEW receipt. Don't say it's never been one before. and if you know that you have not done it yourself. why be out of pocket. Currys simply send it back to Manufacturer, who can afford a hit in the pocket unlike yourself. A friend once worked for them and if I told you what went in the skip you would be disgusted. Your choice. Fraud. 1 Quote Link to comment Share on other sites More sharing options...
Ekona Posted August 2, 2015 Share Posted August 2, 2015 Yup, fraud. Dishonestly misrepresenting the situation for personal gain. Fraud. Dress it up however you want, if it makes you feel better. I'm sure it has been done before, doesn't make it right. Would you also be happy to steal something from the shelf? After all, they're a big company and can clearly afford it, eh? Quote Link to comment Share on other sites More sharing options...
veilside z Posted August 2, 2015 Share Posted August 2, 2015 Fine everybody is entitled to their opinion. Its not fraud to put the issue to trading standards as damaged from purchase. However I only commented to try and offer a solution. Quote Link to comment Share on other sites More sharing options...
The Bounty Bar Kid Posted August 2, 2015 Share Posted August 2, 2015 (edited) Two choices, claim as it was purchased by somebody to give you as a gift for a forthcoming birthday,having just opened Trading standards will tell you that, YOU WILL have a case as it has been sold and not fit for the purpose it was intended for as its damaged , second option by another hob and exchange the damaged hob for the good one, re seal then take to store as an unwanted gift. Both options I have proved and tested before Wrong. The contract is between retailer and purchaser. not retailer and the birthday boy. So they don't have to do squat. Also lol at some of the above. There is no law that states any retailer should take an item back due to it being unsuitable. A contract is formed between seller and buyer upon exchange of payment. Only faulty items are regulated by law. In the case of damaged/faulty goods, it's down to the buyer to identify these within a timely manner. Some businesses may take them back and honour a refund or exchange. but many may decide not to. this is down to the number of people who do it often and therefore we suspect all are dodgy. unfortunately the innocent get buggered but that's why you should check it asap. Where's the proof you didn't do it and are now trying to get one over them? Yes they dont have any proof it wasn't them but the law stands with them. They can't be expected to physically check every single item. An element of faith between the retailer and manufacturing company is required. It's down to the end user to make the final inspection and if a fault is found then the retailer will exchange and then give the item back to the manufacturer. Edited August 2, 2015 by The Bounty Bar Kid Quote Link to comment Share on other sites More sharing options...
KyleR Posted August 2, 2015 Share Posted August 2, 2015 Fraud. Quote Link to comment Share on other sites More sharing options...
Impressed Posted August 3, 2015 Share Posted August 3, 2015 Did you pay by credit card? Quote Link to comment Share on other sites More sharing options...
Bundus Posted August 3, 2015 Share Posted August 3, 2015 If the hob you purchased was damaged in transit and you have only just noticed, the only thing you have done wrong is to not check straight away. As far as the item goes you were sold and sent a faulty item. So in legal terms you are considered to be in the wrong for not checking sooner but at the end of the day you were still sold a faulty item. In this scenario I would definitely go and buy a new one and then use the new receipt to take the broken one back. Call it fraud all you like but if you know for certain that you did not break the hob and it was delivered to you in that condition then I would not be going out of pocket over a timing issue. 1 Quote Link to comment Share on other sites More sharing options...
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