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Exchange for faulty item on delivery?

Hoping for some advice. On Friday we received 5 items of furniture and 3 were damaged. It's solid wood furniture and 2 of them have quite bad cracks in the wood. One is alongside a handle that has broken off, the other on a computer desk wrist rest. I sent photos within 24 hours as asked and had a call yesterday to arrange for someone to repair them. I would prefer an exchange, even an exchange of the damaged parts, but they are saying repair first. Is this correct? Can a french polisher even repair cracked/splintered wood?
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Comments

  • ThumbRemote
    ThumbRemote Posts: 4,767 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You are entitled to reject the items for a full refund. Simply inform the seller that you wish to reject them as per your rights under paragraph 35 of the sale of goods act. You can reject the whole order this way.

    Strictly, your legal rights are not for an exchange. You can only reject part or all of the order for a refund. You could re-order the same product, but of course there's no guarantee the shop will sell it to you.

    Given they are attempting to deny your statutory rights here, I'd just reject the whole order for a refund and buy elsewhere.
  • Thanks for your quick response.

    It took us quite a while to find the exact furniture that we wanted and fitted in the room :( I guess I'm stuck with a repair.

    It's typical that after years of buying cheap furniture without problems the time I actually paid good money for stuff it's damaged.
  • ThumbRemote
    ThumbRemote Posts: 4,767 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I would still push the shop for a replacement for the damaged items. If you threaten to reject the whole order they may see sense.
  • I tried pretty hard when the guy phoned yesterday. Despite putting my number on the complaint form and reiterating to the guy yesterday to phone me they phoned my bf who has arranged for the french polisher to come in two weeks.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Thanks for your quick response.

    It took us quite a while to find the exact furniture that we wanted and fitted in the room :( I guess I'm stuck with a repair.

    It's typical that after years of buying cheap furniture without problems the time I actually paid good money for stuff it's damaged.

    Have you actually asked the retailer for a replacement as opposed to a repair?

    If you're spending quite a bit of money.....personally I'd say if they refuse a replacement, cancel and keep looking. Different if you'd actually had the items for a while, but if they've only been delivered....I'd be pushing for a replacement or refund (if they're fobbing you off with a repair now, imagine what they'll be offering if the item breaks/becomes faulty after 2 years or so).


    Alternatively, get them to knock a % off for the damage if you are accepting a repair because if you cancel....they'll be out of pocket for delivery costs and probably have to resell the item at a reduced price to account for the diminished value.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • I insisted on a replacement a few times but he held his ground and said repair only, I said I'd check on my rights as I didn't think that was fair. I'd be happy if they replaced the bits that are damaged. If I cancel I think I'd have to pay £50 for each non-faulty item which adds up. Dining room furniture with a desk doesn't seem too common.

    I read reviews before I bought and they were good, I've since found bad reviews.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I insisted on a replacement a few times but he held his ground and said repair only, I said I'd check on my rights as I didn't think that was fair. I'd be happy if they replaced the bits that are damaged. If I cancel I think I'd have to pay £50 for each non-faulty item which adds up. Dining room furniture with a desk doesn't seem too common.

    I read reviews before I bought and they were good, I've since found bad reviews.

    Is that £50 for return courier fee's? Were you informed of this charge when ordering or has it only been brought up when you asked to cancel?
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • Is that £50 for return courier fee's? Were you informed of this charge when ordering or has it only been brought up when you asked to cancel?

    Yes, for courier. I can't remember if we were specifially told but it's in the owner's manual we were given.
  • Slowhand
    Slowhand Posts: 1,073 Forumite
    Butterscotch did you buy online or face to face? Are you willing to name the supplier? Personally if I was unhappy to accept a repair I'd reject the goods and demand a refund (as is your right) and keep looking....elsewhere!(Sorry if you've already answered any or all of that. My minds with a friend who's just been taken into hospital and I'm using MSE to keep me busy whilst waiting to hear about them.)
  • MamaMoo_2
    MamaMoo_2 Posts: 2,644 Forumite
    edited 8 April 2013 at 2:03PM
    Assuming you bought online or at a distance (so not in store) if you reject the faulty items under SOGA, the company has to refund all monies paid (including delivery) and cover the cost of returning the items.
    If you're cancelling the non-faulty items too, you may be liable for return costs (depending on their T&C's) however they cannot charge you any sort of restocking fee.
    If bought in store, the part above about faulty items still applies, but not the part about non-faulty items.
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