Curry's fridge fiasco advice

T1961D

I recently purchased a fridge freezer from curry's and subsequently received the wrong model of fridge and they now tell me the model I ordered is discontinued and cannot be sourced bar the display model.
They admitted they had the wrong details on their display model and this was why the ordered the wrong model.
The options they have gived me to resolve this issue are

1. Keep the inferior spec fridge they gave me :mad:
2. Get Credit :mad:
3. Take the display model which is slightly damaged and no reduction in price :mad:
4. Call in to them and pick another model which they will not give me any examples of which model's they are prepared to replace my purchase with or to what value etc as i purchased the fridge on a day with an extra 10% off everything in store will they give me this of a replacement model lots of confusion?

Where do I stand legally?
What would people advise?

I currently have a new fridge I don't want sitting in my kitchen.

GreeBo

Get your money back and buy the fridge you want somewhere else.

projectmayhem

legally usually the refund is at the discretion of the retailer (vouchers, full refund, etc.), but in this case they advertised the wrong model in their store, and obviously admitted as such to you.

i would find a manager and chat to them about a refund, or ring their head office (if they have one in ireland). ordinary staff won't know what to do with this tbh...

GreeBo

projectmayhem wrote: »

legally usually the refund is at the discretion of the retailer (vouchers, full refund, etc.)

How so?
Legally the Sale of Goods and Supply of Services Act 1980 is what governs this, not the retailer.

The goods were not as described = refund, replacement or repair.
In this instance only a refund is applicable.

From 1980's Act.
" as described, whether the description is part of the advertising or wrapping, on a label, or something said by the salesperson."
The wrong label on the shop floor seems obvious to me.

OP, did you actually ask for your money back yet?
If so what did they say?
If not I think thats your best bet to get satisfaction (its also your right)

miju

GreeBo wrote: »

Get your money back and buy the fridge you want somewhere else.

greebo is correct in his posts and this in all honesty is the easiest and most straight forward to the problem

Sam Vimes

you're entitled to a refund, replacement or repair here.

firstly, don't under any circumstances take credit. you have no obligation to do so.

what i'd recommend is to pick out another model. they are entitled to offer you a replacement and it doesn't have to be the same product. but if they can't give you an equivalent model, ie the ones the same price are inferior and the ones of the same quality are far more expensive then you shouldn't accept it. You have a contract of sale for a certain item at a certain price and they can't change the contract for an equivalent item at a much higher price after the sale. for example, if you buy a faulty mini cooper at a dealer, they can't insist on replacing it with a ferrari and making you pay the difference.

if you can't find an appropriate replacement, you should get a refund. take a look here:
http://www.nca.ie/eng/Business_Zone/Guides/Full%20List/Sale%20of%20Goods.html

Repairs, replacements or refunds

If your goods fail to comply with any of the above three criteria - for example, they turn out to be faulty or don't live up to their description - consumers have certain legal rights. These entitlements come under the three Rs:

* Repair
* Replacement
* Refund

If you offer to repair the item, the repair should be permanent. If you offer a refund, this can be in cash or by cheque, or (if appropriate) you can refund their credit card account. If you offer a credit note or voucher instead, the consumer has the right to refuse and to ask for a refund instead.

so you don't have to accept a credit note. print out that page and bring it in. and bring in this one too:
http://www.citizensinformation.ie/categories/consumer-affairs/consumer-protection/consumer-rights/consumers_and_the_law_in_ireland

kmick

If they wont give you a refund you can go the small claims court route. Threaten this if they are being difficult

Sam Vimes

kmick wrote: »

If they wont give you a refund you can go the small claims court route. Threaten this if they are being difficult

tbh, having worked in retail i can tell you that if you threaten the small claims court, the only affect it will have is the staff will instantly lose all desire to help you. they don't give a crap if you take the millionaire that runs the company to court. the only way they can be affected is if they give you something that they're not allowed to

Tipsy Mac

You are entitled to a full refund, it's like ordering a Toyota Corolla and receiving a Toyota Yaris.

If I was you I would tell the shop I want a full refund, when they refuse this tell them you are going to the small claims court, hold onto their fridge till it goes to the small claims court. You will then receive a full refund and tell them they can collect their used fridge whenever they want

miju

Tipsy Mac wrote: »

If I was you I would tell the shop I want a full refund, when they refuse this tell them you are going to the small claims court, hold onto their fridge till it goes to the small claims court. You will then receive a full refund and tell them they can collect their used fridge whenever they want

whatever you do DO NOT hold onto the fridge as it can then argued that you have accepted the appliance and has happened many a time before.

i'm short on time but will dig out the linky for you later

foggy_lad

pop the fridge into your mini cooper and drive it back to the store if at all possible and then they will have to deal with this as shops usually just ignore this kind of issue as you have fridge which they promise to collect but never do dragging on & on untill they claim you have it so long you cant return it....!