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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3692
Experience:  Solicitors 2 years plus PQE
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UK Consumer Law. I have just purchased a cooker hood via Amazon

Customer Question

UK Consumer Law.
I have just purchased a cooker hood via Amazon UK. On the outside of the box was a notice that all defects had to be notified within 48 hours. As we are both disabled we were not able to open the box and lift the heavy cooker hood out. Our handyman came a week after delivery to fit it hood and it was found to be badly dented and unusable. We notified both Amazon UK and the supplier of the damage and requested a replacement unit and for the damaged unit to be collected. The supplier declines to do this because of the 48 hours notice label. As the hood is not "fit for purpose" what are our rights under current UK consumer law ?
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Were you notified of this 48hr rule before you bought the cooker hood? Do you have the seller's address? Kind regards AJ
Customer: replied 2 years ago.

No. We were not informed of the 48 hours rule before purchase. Amazon made no reference to it. Yes we have the name of the supplier and have e-mailed them. They insist on inplementing this 48 hour rule.

Customer: replied 2 years ago.

Still waiting for a response to my reply times at 10.28am today.

Expert:  Alex J. replied 2 years ago.
Hi Thank you. The actual provision that they are in breach of is the Supply of Goods Act 1979 S.14 - goods sold must be of reasonable quality and free of minor defects. If the hood was dented then they are in breach of this section. They cannot unilaterally bind you to a 48 hr inspection period after the sale is made. I would write to them as follows:(i) Say they have delivered goods that are faulty;(ii) They cannot unilaterally change the terms of your contract of sale by imposing a 48hr inspection period after the sale:(iii) Say if they do not replace the item or refund your money without further delay you will either a) Complain to trading standards http://www.tradingstandards.uk and/or b) Make a claim in the small claims court for the cost of replacing the cooker hood - https://www.moneyclaim.gov.uk/
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