Faulty goods Query

CLV1980

I bought a dining table last week. As we were moving house and had hired a van we picked it up from the shop on the 2nd August. We've took a couple of days to unpack and have now discovered a split in the oak table. We went back to the shop on the 12th August to request a replacement which is being delivered on the 14th August but they have made us pay £20 delivery charge. We picked it up ourselves in the first place to save on delivery. I did argue that why should we pay delivery when they are delivering a replacement product for one which was faulty in the first place. I intend to write to their head office to complain but would like to be able to quote my legal rights. What are my rights on the delivery charge? Thanks!

Valli

I've just trawled through my SOGA leaflet (well, not mine, I have it bookmarked) and I cannot find anything in that.
http://www.oft.gov.uk/shared_oft/738369/738375/OFT002_SOGA_explained.pdf

However, ask them nicely, as you are obviously inconvenienced by the table situation, if they would consider waiving the charge, given that it's a replacement and their responsibility. Or perhaps they might like to collect their faulty item and you will happily accept a refund and shop elsewhere;)

derrick

Valli wrote: »

I've just trawled through my SOGA leaflet (well, not mine, I have it bookmarked) and I cannot find anything in that.
http://www.oft.gov.uk/shared_oft/738369/738375/OFT002_SOGA_explained.pdf

But the legislation does, F38 PART 5A ADDITIONAL RIGHTS OF BUYER IN CONSUMER CASES: -

F4048BRepair or replacement of the goods: -

(1)If section 48A above applies, the buyer may require the seller—

(a)to repair the goods, or

(b)to replace the goods.

(2)If the buyer requires the seller to repair or replace the goods, the seller must—

(a)repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;

(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).


I fail to see how they can charge a delivery charge for a replacement, (that they appear to have agreed to), under SoGA, however the original was delivered/picked up.


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