Am I within my rights?

newbieinvestor75

Hi

I ordered a dining table set, 6 chairs included in November which was delivered to me a few days before Xmas. One of the chairs fell apart within minutes so we notified the company and they promised a replacement which we still don't have! They say they now have the chair ready for despatch, however on use of the chairs it's clear the others won't last long

I have rung to truth the whole lot, my argument being I still haven't received what I ordered. They simply say no as

A) I've had it for a month
I have av7 day window to notify them of problems - despite these transpiring through use!

Do I have any rights in this situation?

southcoastrgi

quote the sale of goods act, things you buy should be fit for purpose & last a reasonable amount of time which they obv haven't ask for replacements or a refund

macman

DSR applies for 7 day from receipt, you said it fell apart 'in minutes'-when did you actually reject it?
Otherwise you are reliant on SOGA-and you can hardly use that on the basis that the other 'might' break at some future date?

cheeeky_monkey

Perhaps you should name & shame the company responsible so that others can give them a wide berth??

G_M

They simply say no as

A) I've had it for a month
I have av7 day window to notify them of problems - despite these transpiring through use!

These are simply voluntary policies offered by the shop. They do not affect or remove your statutory (legal) rights.

The Sale of Goods Act says goods supplied must be fit for purpose -

* a chair that breaks within 7 days is not fit for purpose.
* nor is a chair that breaks after a month, or even 6 months.
* however "it's clear the others won't last long" is pretty dubious.

In what way 'clear'? Would a judge also agree it is clear? How long do you mean by "not long"? Another month? 6 months? How can you know? If the other chairs actually break in the next few months, then you have a strong case. If you are making a claim because they might break, you have an uphill struggle and would be best to politely appeal to their customer service dept, rather than threaten their legal department!

macman

The '7 day window' applies under the DSR. That is not anything to do with the shop's own returns policy. However it appears that that option is no longer available, so it's SOGA only.

anotherbaldrick

Write a letter to the company outlining the facts . State that you contend the goods are " Not of Mercantable Quality" ( a legal definition of what goods sold need to be by law) and that on this basis you "Reject Them" ( another legal definition) and that you require them to take the goods back and refund you the money paid. If they fail place it all in the hands of Trading Standards at the Council.

G_M

macman wrote: »

The '7 day window' applies under the DSR. That is not anything to do with the shop's own returns policy. However it appears that that option is no longer available, so it's SOGA only.

DSR only applies to .... Distance Selling.

The OP does not indicate how he purchased the products.

The SOGA applies to all purchases however ordered (assuming a UK retailer subject to UK law!).

macman

G_M wrote: »

DSR only applies to .... Distance Selling.

The OP does not indicate how he purchased the products.

The SOGA applies to all purchases however ordered (assuming a UK retailer subject to UK law!).

True, but it would be reasonable to surmise that it was online or by phone, since the OP doesn't appear to have physically inspected the chairs before purchase.