faulty flat pack furniture Very wont replace

Piggytails123

I bought a bedside table from very. I opened it checked all parts, all present and then started to assemble using their instruction booklet. only after a few steps did I notice the pilot holes on one side had been put back to front and upside down!! I emailed immediately and was told they would get back to me. after waiting 3 days and no reply I have just phoned them( on the line for nearly 30 mins on a 0845 number!!) and have been told as I have attempted to build it I cannot return it and they wont replace it! its their policy!! I explained about the instruction book and said how would I know until I had got to that part in the instruction but they have refused to replace it. it is an expensive item and I am left angry and sad that I now have a piece of furniture that is not fit for purpose, faulty and a total waste of money. any advice? I mentioned my statutory rights and the consumer act but she said its their policy not to accept any furniture that had been assembled or attempted to be assembled!! they also require it to dismantled and put in the exact same packaging the way it was delivered if it was to be collected and replaced!
anyone been in the same boat?
any advice?
am I covered by any law?
are they right?
thanks

frugal_mike

The law is on your side. Send them a letter or email telling them that you reject the goods under the sale of goods act. They have to give you a full refund.

I assume you purchased online? If so also mention that you are cancelling under the distance selling regulations. They have to refund the full amount of money you paid including postage if it was delivered. They also have to pay return postage because you have rejected the goods for being faulty.

I once had to return a flat pack cabinet several times because they kept giving me cabinets that could not be assembled correctly. Their terms saying you can't return goods you have started to assemble are unenforceable because they are faulty. You also don't need to return it in it's original packaging.

Piggytails123

thanks frugal_mike
I bought it from very, the catalogue. I paid the full amount not the monthly payments.

I have sent an emailing stating the consumer act etc and these have been unanswered. I also said the same on the phone. the girl I was speaking to kept saying she needed to speak to someone else and when I kept saying about it was faulty she kept repeating as you have admitted to attempting to build it your accepted it and we cant do anything as it is our policy!!

frugal_mike

What you have been told is utter rubbish. Assembling a flat pack does not constitute acceptance under the sale of goods act. If its faulty then they have to refund the full amount you have paid including postage and they have to cover the cost of returning.

Not sure what you mean by the consumer act, but tge relevant legislation is The Sale of Goods Act 1979 and The Distance Selling Regulations 2000.

Do as I said above, send a letter or email saying you reject the goods under the sale of goods act and want to cancel under the distance selling regulations.

Piggytails123

frugal_mike wrote: »

What you have been told is utter rubbish. Assembling a flat pack does not constitute acceptance under the sale of goods act. If its faulty then they have to refund the full amount you have paid including postage and they have to cover the cost of returning.

Not sure what you mean by the consumer act, but tge relevant legislation is The Sale of Goods Act 1979 and The Distance Selling Regulations 2000.

Do as I said above, send a letter or email saying you reject the goods under the sale of goods act and want to cancel under the distance selling regulations.

thank you will do.

frugal_mike

Good luck. Let us know how they respond. Hopefully it will get handled by someone with more training in returns and the law.

wealdroam

Njr381, when did you make this purchase and when was the package delivered to you?

The delivery date is important because generally you only have seven working days, starting with the day after delivery, to cancel an order under Distance Selling regulations.

Having said that, the fact that they have denied you your statutory rights will not be in their favour.