help please

[chrisa1234]

Hi all, I would like some advise if anyone can help.
I bought a Zanussi washer dryer from Currys. It was on offer, it should of been 379.99 but i got it for 279.99.
The washer dryer arrived and was fitted by Currys. When the 2 men who fitted the washer dryer left i noticed 3 dints on the left hand side of the door. (I would guess this was caused from when they carried it into my house)
I phoned up and they offered £15 off (which i did not think was very good) or I could get it replaced when they get the same washer dryer back in stock which will be at the end of this month. I decided to take the latter option and they said they would call me in a few days to sort out the replacement.
They phoned up today and said they will not be getting that washer dryer in stock (even though i was told they would get another 200 in at the end of the month and they are still selling the zanussi washer dryer on their website but no longer with the £100 off) and offered me a Hotpoint washer dryer which has a cost of 349.95. He said if I didn't accept this i would get a refund.
I don't want the Hotpoint washer dryer as it is inferior to the Zanussi one i purchased and i do not want the refund as i got a good deal getting £100 off the cost when i originally bought it. I told the man i would let him know when i have had time to think about it.

Is there anything i can do to get a new Zanussi replacement which they are still selling on their website and which they told me in an earlier telephone conversation that they will get getting another 200 in stock at the end of this month?

To summarise they are lying to me telling me they will no longer get them in stock just because they are not selling them with the £100 off anymore.

Thanks in advance for any advice you could give me (good or bad)

[old_andrew2007]

Hi did you purchase from the internet or from a store

[chrisa1234]

I purchased from the internet........

[gyzmo]

I would take the refund. Aside the distance selling regs which give an automatic right of cancellation (there doesn't even need to be anything wrong with it), there is a breach of condition in that the goods are not free from defects or marks (s. 14 of Sale of Goods Act). You could ask for a replacement washing machine of the same type, but the remedy that is available is a bit strange:

Firstly, under the traditional method, you have the right to rescind the contract - which means getting a refund. Or you can demand a remedy which is in the form of repair, replacement or refund in that order depending on it being proportional. These options are for the seller to chose, so you cannot demand a replacement one if it is unreasonable in comparison to repair or a refund.

Mention to Curry's that they are still supplying the same model online and that you want one. Also see the thread on the Matsui freezer in this section) which contains some useful information on what to do.

[chrisa1234]

many thanks for taking the time to respond, I have read what you have said and will let you know how i get on

thanks again

[chrisa1234]

okay i phoned Curry's back today and asked again why i could not get the same washer dryer as a replacement. He said they don't have it in stock and will not be getting it in stock in the future. I then told him i had called the Curry's warehouse where they deliever the item from and they had told me they are getting another 438 in stock on the 7th March. He was then a little lost for words and then told me he didn't think i would wait that long for a replacement. I told him i would wait as long as i can carry on using the dinted washer dryer until the new one arrives. He said he would get back to me.
About 30 mins later he phoned back (when he had time to come up with another excuse) and said that we could not carry on using the dinted washer dryer as the manufacturers would not take back. This is dispite Curry's telling me i could use it the very first time i phoned them about the issue. He then said the only other thing he could do is offer me £30 off the cost I paid. I said i wanted £50 off , he said he couldn't do that, I said split the difference and take £40 off. He agreed.
So in the end I am reasonably happy, bearing in mind they only offered me £15 off when i first phoned them. I got the Zanussi washer dryer for £240 which they are selling on the website for £380.

Thanks again gyzmo

[gyzmo]

OK. I personally would have taken the refund, but if you are happy with the result then that's the most important thing.

Glad it worked out for you.