Cracked dressing table

claturner

Hi all

I need some advice regarding a dressing table I bought in September 2012, so just within 6 months ago. I noticed today that it has a crack around the top of it. I have no idea how long it has been there as it sort of blends in with the design of the table, or even if it was there when it arrived (my partner put it together and there is no way he would have noticed something like that). Anyway, I want to know what my rights are in terms of getting a refund on the item. They could send me a new one but the crack looks like it might be a design fault so I'd rather pay a bit more and get a different dressing table altogether. Am I entitled to a refund or can they just exchange it for the same model? What should I say to the retailer about how long the crack has been there since I don't know?

Thank you in advance.

claturner

Sorry - I should have said that I bought it online from a company and paid with Amex (via PayPal).

Thanks.

mattyprice4004

They can repair, replace or refund - it's their choice.

claturner

I need some more help please.

I emailed the retailer to tell them about the crack in the dressing table and they wrote back and said, "Unfortunately it has been too long since you received the dressing table for us to accept a return." It has been under 6 months, so I thought if faulty within 6 months it is up to the retailer to prove the item wasn't faulty when they sold it?

Anyway, I sent the template letter from this site quoting the Sales of Goods Act and how the item wasn't of a satisfactory quality and how I would like for them to refund me, repair the item or send a replacement. I emailed them a copy and sent a copy recorded delivery, and I included a photograph showing the crack. They emailed back writing, "We have viewed the images and due to the length of time that has passed we cannot accept a return. This appears to have been sustained through misuse as paint cannot crack on its own and if it did not happen during delivery we can only conclude it has happened whilst in your possession."

I can definitely say that the table has not been "misused". It has only been used, infrequently, as a dressing table and there is only a dressing table mirror on top of it, which I also purchased through them. And what do they mean " if it did not happen during delivery"?

What should I do next? The item was only £145 in the first place so if I put in a claim through the courts, aren't I going to be spending that much again anyway and not be guaranteed a win? But at the same time I don't want to let it go as they shouldn't be allowed to supply shoddy goods, even at that price. Any suggestions greatly appreciated.

Thanks.

unholyangel

claturner wrote: »

I need some more help please.

I emailed the retailer to tell them about the crack in the dressing table and they wrote back and said, "Unfortunately it has been too long since you received the dressing table for us to accept a return." It has been under 6 months, so I thought if faulty within 6 months it is up to the retailer to prove the item wasn't faulty when they sold it?

Anyway, I sent the template letter from this site quoting the Sales of Goods Act and how the item wasn't of a satisfactory quality and how I would like for them to refund me, repair the item or send a replacement. I emailed them a copy and sent a copy recorded delivery, and I included a photograph showing the crack. They emailed back writing, "We have viewed the images and due to the length of time that has passed we cannot accept a return. This appears to have been sustained through misuse as paint cannot crack on its own and if it did not happen during delivery we can only conclude it has happened whilst in your possession."

I can definitely say that the table has not been "misused". It has only been used, infrequently, as a dressing table and there is only a dressing table mirror on top of it, which I also purchased through them. And what do they mean " if it did not happen during delivery"?

What should I do next? The item was only £145 in the first place so if I put in a claim through the courts, aren't I going to be spending that much again anyway and not be guaranteed a win? But at the same time I don't want to let it go as they shouldn't be allowed to supply shoddy goods, even at that price. Any suggestions greatly appreciated.

Thanks.

They're saying it looks like physical damage.

Not sure whether an independent report would help you out here (in other words, if the report would be able to state that it was a manufacturing fault that caused the crack as opposed to physical damage). Are you saying the crack has been there since deliver? Or has it only just happened? How big is it (in other words, how easy to spot is it)?

claturner

The truth is I don't know how long the crack has been there. My boyfriend assembled it and there is no way he would have noticed any fault, and then I have hardly used it. I do know that the crack has got longer in the last week since I first noticed it. It is difficult to spot as it runs along a design feature in the wood so from a distance it just looks like it is part of the table, which is was initially made me think it was a design fault. I have taken a photo but not sure I can include attachments on here?