where do i stand?

kev.s

long story short..

ordered suite in feb, arrived last week damaged, scrape to the leather which had been couloured in with marker to disguise it, called company who are sending a technician to look at it, a week to wait for them.

my question is if they offer a repair do i have to accept or can i demand replacement?

called cc company and started proceeding for section 75 but have to wait for the tech guy to come 1st.

easyhost

kev.s wrote: »

long story short..

ordered suite in feb, arrived last week damaged, scrape to the leather which had been couloured in with marker to disguise it, called company who are sending a technician to look at it, a week to wait for them.

my question is if they offer a repair do i have to accept or can i demand replacement?

called cc company and started proceeding for section 75 but have to wait for the tech guy to come 1st.

yes you have to give them the chance to repair the suite

kev.s

easyhost wrote: »

yes you have to give them the chance to repair the suite

surely this would breach my statutory rights? not being of satisfactory quality. unless i'm picking this up wrong.







pics taken on phone so quality not best,

white marks all over the suite and the score in the middle of the 3 seater

stugib

easyhost wrote: »

yes you have to give them the chance to repair the suite

I don't agree, the OP could reject it at this stage as faulty for a refund, there doesn't appear to be acceptance of the goods if he told them about it immediately. In fact I'd insist on it just for their cheek of trying to mask it with pen ink!

easyhost

stugib wrote: »

I don't agree, the OP could reject it at this stage as faulty for a refund, there doesn't appear to be acceptance of the goods if he told them about it immediately. In fact I'd insist on it just for their cheek of trying to mask it with pen ink!

No under SOGA they must be given the chance to repair it. if it is in his house he has accepted it.
when the OP received this did he inspect straight away and then when he signed for it did he mark on the delivery note that it was damaged.

PZH

easyhost wrote: »

No under SOGA they must be given the chance to repair it. if it is in his house he has accepted it.
when the OP received this did he inspect straight away and then when he signed for it did he mark on the delivery note that it was damaged.

Are you sure? I thought you are allowed a "Reasonable" time to inspect/reject the goods (not 7days as in DSR)

Also, the unbelievably poor attempt to disguise the mark is laughable.

OP - having said that, the "technician" may be able to polish out the white marks and replace the middle cushion completely ?

gordikin

easyhost wrote: »

No under SOGA they must be given the chance to repair it. if it is in his house he has accepted it.
when the OP received this did he inspect straight away and then when he signed for it did he mark on the delivery note that it was damaged.

Taking delivery is not the same as Acceptance.


• If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)


If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)


Reject it under the SOGA.

stugib

easyhost wrote: »

if it is in his house he has accepted it.

Not true, there's a difference between 'accepting' a delivery, where you don't have the time usually to do a thorough inspection, and as phoodles says, having a reasonable period of time to inspect and accept the goods.

From the OFT, question 5.

For items being delivered, it is important for retailers to know that signing a delivery note is not acceptance as it does not allow the customer a reasonable opportunity to inspect the goods and identify any problems or faults.

kev.s

when i received it i signed the delivery ticket as "unchecked", delivery guys stated i have 3 days to notify them of any damage, i called them the morning after and notified them of the damages. i have also notified them in writing along with copies of the pictures, the branch manager has called to say "you should never have received it in this condition"...no !!!!!! sherlock..

i'll keep you updated

easyhost

kev.s wrote: »

when i received it i signed the delivery ticket as "unchecked", delivery guys stated i have 3 days to notify them of any damage, i called them the morning after and notified them of the damages. i have also notified them in writing along with copies of the pictures, the branch manager has called to say "you should never have received it in this condition"...no !!!!!! sherlock..

i'll keep you updated

well as long as you marked it as unchecked you are covered. you should check any goods when these are delivered or mark and delivery note as unchecked. once you sign you are signing as accepted

gordikin

easyhost wrote: »

well as long as you marked it as unchecked you are covered. you should check any goods when these are delivered or mark and delivery note as unchecked. once you sign you are signing as accepted

Stop it!

No you are not!

Please read Stugib's post:-

stugib wrote: »

Not true, there's a difference between 'accepting' a delivery, where you don't have the time usually to do a thorough inspection, and as phoodles says, having a reasonable period of time to inspect and accept the goods.

From the OFT, question 5.

For items being delivered, it is important for retailers to know that signing a delivery note is not acceptance as it does not allow the customer a reasonable opportunity to inspect the goods and identify any problems or faults.