# Rights with Fridge purchase just out of warranty



## z101 (20 Jun 2009)

We bought a fridge just over a year ago from a major retailer. It has a Zanussi brushed steel finish. My wife noticed the other day that the door on the freezer part is forming small flecks of rust. It looks like it is dirty and is definitely rust.
As it's out of warranty do we have the right to go back to the retailer?


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## jack2009 (20 Jun 2009)

Have not had this expereince with a fridge but have with a lap top.  The manufacture extended the warranty as the fault occured within the 1 month of it expiring.


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## z101 (22 Jun 2009)

Yes, but I thought a warranty was an extra, that you had certain legal rights when it comes to such things.


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## foxylady (22 Jun 2009)

Ceatharlach said:


> Yes, but I thought a warranty was an extra, that you had certain legal rights when it comes to such things.


 
Dont know if this helps but here goes

There is plenty of confusion out there about what your consumer rights are when you buy a product. 
Are you entitled to bring it back if you don't like it? 
How long do you have to complain? 
Are you eligible for a refund or a repair? 

This is your basic guide to what your rights are and when.
Your consumer rights kick in when you buy something that is faulty, isn't as described, or is not of merchantable quality. In other words, it's supposed to work and is supposed to perform as was described to you, either on the box or by the sales assistant. 

Your rights do not cover a situation where you just don't like what you bought, or if you bought an item of clothing that doesn't fit or a coffee table that is too big for your living room.
In these circumstances whether you can return something or not depends on the shop's own returns policy. 
This is why it's so important firstly to measure the table or try on the clothes and, secondly, to ask what the returns policy is. 

Most good shops will have their returns policy written on your receipt or at the till. If not, ask them if you can return the product if you don't like it and if so what the timeframe for returning unwanted goods is.

Many shops will give you a 10 to 28 days returns period. Some will offer a refund or exchange but others will only give a credit note. At least if you know that in advance you won't be disappointed later.
However, if the jumper, table, kettle or camera you bought turns out to be a dud then you are protected by consumer law, no matter what the shop's returns policy is. In such a case you need to know about the three Rs: repair, replacement, refund. 

The idea is that the retailer will provide you with a remedy that brings you back to what was agreed originally i.e. that you hand over the money and they give you something that works as it is supposed to. So if you bought a camera two days ago and not all of the functions work then you should expect a refund or a replacement camera. Likewise if your new shoes fall apart after two wears. On the other hand, if your DVD player worked perfectly for several months and then broke down, you should allow the retailer to try and repair it first and if that doesn't work -- ask for a replacement.
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When you buy electrical goods they often come with a manufacturer's warranty. Warranties can be very useful as an extra protection or if the retailer goes out of business, for example. But this is in addition to your statutory rights, not instead of them. *
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So if your washing machine breaks down and you go back to the shop where you bought it, they might tell you to contact the manufacturer and use your warranty. *
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But let's say your warranty is only for one year and it's now 18 months since you bought the machine, the manufacturer may still be happy to repair it but will probably charge you a fee. Forget it. *
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The retailer and not the manufacturer is still legally obliged to remedy the situation for you, and so the retailer should provide a repair, replacement or refund at no cost to you. *
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And for how long can you sing this song? Well, probably longer than you think, although you have to be reasonable and take into account the intended lifespan of the product in question. *
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Thanks to European legislation (Directive 99/44/EC) you can be sure that wherever you shop in Europe you have at least two years' protection. Bear in mind that this is not a guarantee period but rather the length of time in which you can enforce your rights.*
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While many member states have adopted this two-year complaint period, it is a minimum standard and so countries are free to have a longer period. In Ireland, under the Sale of Goods and Supply of Services Act 1980, no limitation period is mentioned at all. *

However, as per the Irish Statute of Limitations 1957, you have six years in which to make a complaint, and we can rely on this as the European legislation is in addition to and not instead of our existing legislation.

Now you know your rights you have the knowledge to complain effectively -- so do it.


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## z101 (22 Jun 2009)

WOW! Thanks. How does this cover my rust issue and who decides if it does or doesn't?


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## mathepac (22 Jun 2009)

It certainly doesn't help me as posted - can you edit your post and do something about the horrendous text formatting?


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## mathepac (22 Jun 2009)

Ceatharlach said:


> ...  My wife noticed the other day that the door on the freezer part is forming small flecks of rust...


Some of these doors needed to be maintained with a product like Johnson's Baby Oil to avoid rusting. Does it make any mention of this in the documentation?


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## samanthajane (22 Jun 2009)

Althought it might look horrible unless it is effecting the fridge to work properly i doubt you will have any luck in getting it replaced/repaired. Even if you were in warrenty i dont think they would of done anything about it. 

If it is causing the fridge/freezer part not to work properly i still think your going to have problems since the warranty has expired.


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## foxylady (22 Jun 2009)

Ceatharlach said:


> WOW! Thanks. How does this cover my rust issue and who decides if it does or doesn't?


 
Well you could tell them you want it repaired for starters.


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## foxylady (22 Jun 2009)

mathepac said:


> It certainly doesn't help me as posted - can you edit your post and do something about the horrendous text formatting?


 
Apologies


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## mathepac (22 Jun 2009)

foxylady said:


> Apologies


  Thanks


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## Diziet (22 Jun 2009)

samanthajane said:


> Althought it might look horrible unless it is effecting the fridge to work properly i doubt you will have any luck in getting it replaced/repaired. Even if you were in warrenty i dont think they would of done anything about it.
> 
> If it is causing the fridge/freezer part not to work properly i still think your going to have problems since the warranty has expired.



Not relevant whether it keeps the food cold or not - the unit has an inherent fault. You would not buy a rusty fridge and would not expect it to rust in that period of time so it is worth going back to the retailer. Do give one of the consumer organisations a call first and get familiar with the legislation.

You may well find that the retailer will arrange a repair (probably a door replacement), but you need to check up on your rights with the consumer agency first. Also, manufacturers have a process for these things so it is worth talking to them. A friend had a 5 year old fridge that failed and the manufacturer accepted that she would pay half price for a replacement, as they calculated the lifetime of a fridge to be 10 years. She did have to get through to the right person, but there was a process for it and it worked.


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## Sue Ellen (22 Jun 2009)

You can always check out your consumer rights on www.consumerconnect.ie


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## dinjoecurry (29 Jun 2009)

You should try the small claims court because if the door is rusting it will just get worse and the longer you let go on the weaker your case.Advise the retailer of what you are going to do


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