Bedding ordered in Majorca - wrong size

wealdroam

tbw wrote: »

Under SOGA goods must be 'as described' and 'fit for pupose'...

You do understand that SOGA is UK legislation, don't you?

Not sure how you plan to enforce UK legislation in Spain.

Even if there is a Spanish equivalent to SOGA, how to you plan to navigate the Spanish courts to enforce your claim?

ThumbRemote

As I understand it, the OP hasn't actually paid for the goods yet so its up to the Spanish company to navigate UK courts to get their money.

NCISROCKS

ThumbRemote wrote: »

As I understand it, the OP hasn't actually paid for the goods yet so its up to the Spanish company to navigate UK courts to get their money.

YEEEESSSSS! at last someone who reads before posting!:D

tbw

wealdroam wrote: »

You do understand that SOGA is UK legislation, don't you?

Not sure how you plan to enforce UK legislation in Spain.

Even if there is a Spanish equivalent to SOGA, how to you plan to navigate the Spanish courts to enforce your claim?

They keep quoting the 'Terms' of their contract - there are 6 terms printed on my order form and the first one says 'this contract shall be governed by English Law'.

I haven't paid for the goods - the terms were payment within 8 days of receipt (a strange way of doing business so far as I can see).

I wasn't planning on doing anything now - I've told them I am rejecting the goods and I suppose they will now proceed with their threat of recovery action. I think (and hope!!!) that they haven't got a case against me - they broke the contract by not providing the goods ordered and by admitting that they don't even make the stuff in the sizes agreed.

If it does get to court I assume it will be in this country not Spain.

TambourineGirl

According to my husband (a lawyer) they have 6 years to raise an action against you, which is a mighty long time to be holding onto an unused, neatly packaged mound of bedlinen.
Alternatively, you could take the £299 discount and put it towards buying a stash of the European sized duvet covers listed on Amazon.co.uk - try a search for "duvet cover 220x240". There are 97 different ones, all for under £30.

NCISROCKS

TambourineGirl wrote: »

According to my husband (a lawyer) they have 6 years to raise an action against you, which is a mighty long time to be holding onto an unused, neatly packaged mound of bedlinen.
Alternatively, you could take the £299 discount and put it towards buying a stash of the European sized duvet covers listed on Amazon.co.uk - try a search for "duvet cover 220x240". There are 97 different ones, all for under £30.

Is that EU or UK law? Did you read all the posts. Would you be better to get your husband to post after he has read the thread? I can't find a Spanish/EU law that gives them six years to claim...I'm happy to be corrected though.

tbw

TambourineGirl wrote: »

According to my husband (a lawyer) they have 6 years to raise an action against you, which is a mighty long time to be holding onto an unused, neatly packaged mound of bedlinen.
Alternatively, you could take the £299 discount and put it towards buying a stash of the European sized duvet covers listed on Amazon.co.uk - try a search for "duvet cover 220x240". There are 97 different ones, all for under £30.

Thank you for the tip about Amazon - I had only looked at various companies such as M&S and hadn't found any suitable covers. However, I've had a look at the Amazon ones - the thread counts are mostly listed as 57 which seems extraordinarily low and the designs are also pretty dreadful!

I am certainly surprised that they have 6 years grace as I thought that I was entitled to give them a 'reasonable' time to collect the goods and I was thinking of just several weeks. The package is enormous (in fact there are now 2 huge boxes) and are certainly going to be a problem to store for a long period.

Thanks for the advice .

NCISROCKS

tbw wrote: »

Thank you for the tip about Amazon - I had only looked at various companies such as M&S and hadn't found any suitable covers. However, I've had a look at the Amazon ones - the thread counts are mostly listed as 57 which seems extraordinarily low and the designs are also pretty dreadful!

I am certainly surprised that they have 6 years grace as I thought that I was entitled to give them a 'reasonable' time to collect the goods and I was thinking of just several weeks. The package is enormous (in fact there are now 2 huge boxes) and are certainly going to be a problem to store for a long period.

Thanks for the advice .

The advice is wrong. What you ordered is not what what you got/agreed to! 6 days/weeks/minutes/seconds/years do not enter the equation. Tell them they have 2,3,4 weeks to collect or you will dispose and return any monies realised less your expenses.

TambourineGirl

tbw - The thread counts are 57 per centimetre, rather than inch, so not as bad as they sound. You could try French eBay, or French websites that offer English language versions, such as Maisons Du Monde.

Otherwise, I would get some advice from Consumer Direct on exactly how long you need to give them to collect the goods, and whether you're entitled to use them if they fail to take them back.

NCISROCKS - It's not that they have 6 years to collect the goods, but they have 6 years to raise a claim for payment. And I did read the posts, and it would be English law that covers the dispute. They would be pursuing her, not the other way round.

Personally, if you were willing to pay £1000 for bedding, I'd take the £299 off and the minor extra hassle of tracking down European bedlinen. I happen to like abundant bedding.

NCISROCKS

TambourineGirl wrote: »

tbw - The thread counts are 57 per centimetre, rather than inch, so not as bad as they sound. You could try French eBay, or French websites that offer English language versions, such as Maisons Du Monde.

Otherwise, I would get some advice from Consumer Direct on exactly how long you need to give them to collect the goods, and whether you're entitled to use them if they fail to take them back.

NCISROCKS - It's not that they have 6 years to collect the goods, but they have 6 years to raise a claim for payment. And I did read the posts, and it would be English law that covers the dispute. They would be pursuing her, not the other way round.

Personally, if you were willing to pay £1000 for bedding, I'd take the £299 off and the minor extra hassle of tracking down European bedlinen. I happen to like abundant bedding.

The OP bought the items in Spain on holiday...how does English law cover the dispute?