The built-in freezer case

Q: I am writing this because I'm truly fed up of businesses and shops thinking they can give shoddy service and get away with it.

I bought my first house and am in the process of filling it with furniture and other necessary things. When I went to a local shop that sells white goods, among the various appliances I was looking for, I asked for a built-in freezer. I had never seen a built-in freezer, so I relied on the salesman to show me one since that is what I asked for.

He gave me a list of the appliances I asked for, including the built-in freezer, and their prices, and I left. About a week later, I went back and ordered the built-in freezer, as listed by the salesman, which included its brand and code. I just asked to place a deposit on that particular item and didn't ask for confirmation that it was indeed a built-in appliance. I paid a €20 deposit.

Three weeks later, my carpenter called the company and asked for the measurements. He was told the freezer was not built-in. I went to the shop and queried how this had happened. The salesman came up with a lot of excuses and he also insinuated that I did not ask for a built-in freezer.

I may not know a built-in freezer when I look at one, but I'm definitely not going to ask for a normal freezer, if what I require is a built-in freezer.

Trying to solve this issue, I said a mistake must have been made and asked the salesman to kindly show me one of the same size that is built-in. He said they did not have one at the showroom. However, he assured me they would call me the next day.

Since I wasn't contacted, I had to call myself, and was told the only built-in freezer they had cost three times as much as the original quote. This was unacceptable and so I asked for my deposit back. The salesman replied that there was no way I could be given back my deposit, even though he admitted that he may have misunderstood me when I asked for a built-in freezer.

Even though I spoke to the owner twice on the phone, and went to the shop to try to sort it out, the owner kept repeating that no refund would be given. The owner also made some excuse about not being able to give the deposit back due to a receipt being issued and having to pay VAT on the amount. I was unable to return the receipts because I had already sent them to the monthly VAT lottery. As proof of the order I only kept a copy of the invoice.

This company would rather lose a customer than be parted with €20. It is about time that businesses and shops learn they are there to serve the customer and not vice-versa.

A: According to the Consumer Affairs Act, goods sold should be "fit for the particular purpose for which the consumer requires them and which he made known to the trader at the time of conclusion of the contract."

This basically means that if a consumer requests a specific product, with specific characteristics, then the trader should provide such a product. In other words, if the consumer asked for a built-in freezer, the trader should supply with a built-in freezer.

Apparently, in this particular case, the wrong order was placed and the consumer ended up paying a deposit for a normal freezer.

However, since the consumer has specifically asked for a built-in freezer and paid a deposit believing he was ordering a built-in freezer, since the trader was unable to provide such a product for the agreed price, by law the consumer may request the termination of the contract and full refund of the deposit paid.

Having said that, I would also like to point out that as consumers, it is our responsibility to keep the proof of purchase. This could be in the form of a fiscal receipt or any other document that proves where and when the product was purchased. In this particular case it is important that the invoice the consumer has shows how much deposit was paid. This to justify the consumer's claim.