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Woodworm courtesy of galaxy stores!

Hi all,
I am currently locking horns with galaxy stores as a little over 3 months ago they provided me with a sideboard and nest if tables that are all riddled with woodworm:T...
Whilst I have demanded my money back and thrown terms around such as consumer rights and fit for purpose I am struggling to get them to take responsibility and refund me.
They are suggesting it is something their supplier has to deal with which I have not accepted...
This has been going in for 3 weeks now and I think I am at the point of going through small claims but wanted to see if anyone had a similar issue or advice..
I am unable to claim back via section 75 as I used a debit card and it was over £100 so chargeback isn't an option either..
Thanks in advance

Comments

  • InsideInsurance
    InsideInsurance Posts: 22,460 Forumite
    10,000 Posts Combo Breaker
    How long between buying the items and reporting the issue?

    If its 3 months then the goods most likely will be considered accepted and as such its their choice if to repair, replace or refund. They are evidently entitled to checkover the items first too to ensure it is not caused by the customer/ missuse and to decide which is the most economical course of action.

    Your rights are with the merchant however they are able to appoint their own experts to review the items which most likely will be the manufacturer or supplier.

    If they are saying to have to deal directly with the suppliers and its nothing to do with them then thats wrong. If they are saying they've instructed their suppliers to come and have a look at them and you're not cooperating with that then you are the one in the wrong
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 6 August 2014 at 4:13PM
    Caerdydd wrote: »
    I am unable to claim back via section 75 as I used a debit card and it was over £100 so chargeback isn't an option either..
    Don't understand why chargeback isn't an option.

    Read MSE's Chargeback article where you will see that there is no maximum limit for claims.

    However, there seems to be a 120 day time limit... speak to your bank quickly.
  • Hi both, thanks for your rapid responses!

    It's been roughly 3 months between purchase and evidence of the goods being faulty/reporting. I had wondered if there was a special case in the event of woodworm as from my understanding the stage of their life cycle when they begin to appear and make exterior holes is between 2-5 years...

    I must've had misread that chargeback is only valid up to £100 so thanks for pointing that one out ill call them in the morning!
  • frugal_mike
    frugal_mike Posts: 1,687 Forumite
    edited 7 August 2014 at 7:12AM
    Caerdydd wrote: »
    Hi both, thanks for your rapid responses!

    It's been roughly 3 months between purchase and evidence of the goods being faulty/reporting. I had wondered if there was a special case in the event of woodworm as from my understanding the stage of their life cycle when they begin to appear and make exterior holes is between 2-5 years...

    I must've had misread that chargeback is only valid up to £100 so thanks for pointing that one out ill call them in the morning!

    The relevant law is the Sale of Goods Act, and this defines a concept of acceptance. When you buy goods as a consumer from a business you have a reasonable amount of time to inspect the goods to make sure they conform to contract. The word 'reasonable' has no specific definition in terms of an amount of time, so if you have an argument as to why 3 months is reasonable in this case then that might entitle you to a refund. I'm no expert in woodworm though, so have no idea whether this is true or not. I would imagine that it is most likely that acceptance has occurred, so they can repair or replace if they want.

    As for the £100 limit, that applies to section 75 claims (not chargebacks). Section 75 only applies to contracts over £100.
  • montyrebel
    montyrebel Posts: 646 Forumite
    Part of the Furniture 500 Posts Name Dropper
    sorry i know nothing about woodworm but how do you know they came from the furniture you bought from this shop?

    is it not possible they were already present in some furniture you had and transferred across into this new piece of furniture

    e all like to eat fresh when we can, dont we
    mortui non mordent
  • InsideInsurance
    InsideInsurance Posts: 22,460 Forumite
    10,000 Posts Combo Breaker
    montyrebel wrote: »
    sorry i know nothing about woodworm but how do you know they came from the furniture you bought from this shop?

    As the items are under 6 months old it would be up to the merchant to substantiate this rather than for the OP to prove that this hadnt happened
  • crissi182
    crissi182 Posts: 5 Forumite
    Galaxy stores told me today by email that they have ceased trading. Convenient for them as they owe me £294.
  • maninthestreet
    maninthestreet Posts: 16,127 Forumite
    Part of the Furniture
    crissi182 wrote: »
    Galaxy stores told me today by email that they have ceased trading. Convenient for them as they owe me £294.

    Their website still seems to be active, and Companies House shows them still to be active (company# SC425852 ).
    "You were only supposed to blow the bl**dy doors off!!"
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