Refund on faulty chair

Crazy_Diamond

I would appreciate some advice on what to do next...

I purchased a chair from DeluxDeco in June. All their furniture is shipped from China and takes a few months to deliver however after purchase they called me to say they had one in stock which they could deliver sooner. I was pleased and delivery took place in July.

However on delivery there were a number of faults including a misaligned base so a screw could not go in and a large scratch. The delivery driver who assembled the chair told me not to worry, he would arrange with the company for a replacement and in the meantime I could keep the chair. I then received several emails from the company updating me on the chair shipping progress (I naturally assumed this was the replacement).

In October the emails stopped and the replacement did not turn up. I phoned the company to enquire and was told that the emails were a mistake and no replacement was being sent. I was very surprised to hear this and requested a new replacement was sent. I was asked to email photos of the faults which I did and the company admitted there were faults present.

The company then told that they would rectify the faults through Homeserve. Homeserve visited on 10/11/2014 and told me that they were unable to rectify the base as they agreed with the delivery driver that it was misaligned in manufacture and therefore the screw would not fit in. They also said they could not rectify the other faults and that I would need a replacement.

I then emailed the company to ask for a replacement citing the Sale of Goods Act. They responded by saying that as they no longer manufacture the chair they could not arrange this (the chair is however still advertised on their website). They would however organise a refund to be made after they collect the chair.

I am a bit wary of this given my past experience with them I do not trust them to make the refund. I realise this probably is standard practice with a reputable company however I am concerned that the refund may not materialise. What are my rights here? Would I be best perusing this through small claims? I offered the company the chance to either pay cash on collection or refund to my credit card prior to collection but both were refused.

InsideInsurance

Crazy_Diamond wrote: »

I am a bit wary of this given my past experience with them I do not trust them to make the refund. I realise this probably is standard practice with a reputable company however I am concerned that the refund may not materialise. What are my rights here? Would I be best perusing this through small claims? I offered the company the chance to either pay cash on collection or refund to my credit card prior to collection but both were refused.

The County Court (aka small claims) wouldnt look favourably on someone who is being offered a refund but issues court proceedings anyway.

If you returned it and no refund was forthcoming then that would be the time for the courts to get involved, after a letter before action.

Presumably this company is uk based even if the products are coming from overseas?

Crazy_Diamond

Yes they are UK based with a salesroom in Windsor
http://www.deluxdeco.co.uk/

Crazy_Diamond

Further to my original post I wrote to the company to ask them to confirm that they would refund the full amount paid of £589 following collection. Their reply was as follows:

'We will refund you within 30 days as per our terms and conditions, please note as you are returning the goods without its original packaging we will have to repackage the items and this amount will be deducted from your refund, also if there any any further defects (apart form the pictures you have sent us) or signs of wear we will deduct the difference of what we will be able to sell it for, as its effectively a second hand piece now'

They will not confirm how much they will refund until having received the item and therefore it seems very risky to return it on this basis. What is the advice on this - should I take court action to recover the costs in full? There is no other wear and tear as I have not used the item however given the history of the company I would suspect they will try to reduce the refund on this basis.

Ms_Chocaholic

Take lots and lots of dated photos just before collection so you can prove its condition.

Crazy_Diamond

There is also the issue of repackaging - should I really be covering the cost of this? The delivery driver unpacked and assembled the item and took the packaging away with him.

sheramber

It seems unlikely theu could sell it

The company then told that they would rectify the faults through Homeserve. Homeserve visited on 10/11/2014 and told me that they were unable to rectify the base as they agreed with the delivery driver that it was misaligned in manufacture and therefore the screw would not fit in. They also said they could not rectify the other faults and that I would need a replacement.

FOREVER21

Regarding the packaging, as the delivery person took away the original , you can not be expected to comply with their request.

In any event as the company have agreed that the chair is faulty,as said the sale of goods act applies. Additionally demanding using original packaging for a return is likely to be considered unfair under the unfair terms in consumer contracts regs. 1999.
I would explain this in writing to the company and detail why you can not comply with their request and will not accept any reduction in your refund in respect of this.
Keep a copy and if necessary you could raise a claim to get any money they deduct via the small claims court.

frugal_mike

You do not have to pay for the packaging for it to be returned. Whether or not they can resell it and how much for are not your concern. The Sale of Goods Act does in theory allow a company to reduce a refund to allow for usage of the item, but given it is only a few months side purchase and you have emails showing you have been discussing the fault with them for much of that time I doubt a court would look kindly on any deductions.

bukko

If the driver took the packaging with him, the chair was delivered without packaging.
So they can't be entitled to with-hold money on that basis, surely?

frugal_mike

They are not entitled to withhold money even if the driver had not removed the packaging. The cost of providing a remedy is to be paid by the seller, and collecting the item is part of that cost.