Returning matching chair and settee

rickyroma

We have had a settee and matching chair for about 3 months.
After 2 failed repairs ( currently waiting 6-8 weeks for a part ) on the settee I know I am well within my rights to request a refund on it. Before I call the retailer I would just like to clarify one point ..
The chair and settee are the same style, colour etc so if we return the settee can we also insist on returning the chair ( which is fine) ?
We dont want to be left with an odd chair after the settee goes so can we demand both are returned ?
We bought both together on the same order and they arrived together.

isplumm

rickyroma wrote: »

We have had a settee and matching chair for about 3 months.
After 2 failed repairs ( currently waiting 6-8 weeks for a part ) on the settee I know I am well within my rights to request a refund on it. Before I call the retailer I would just like to clarify one point ..
The chair and settee are the same style, colour etc so if we return the settee can we also insist on returning the chair ( which is fine) ?
We dont want to be left with an odd chair after the settee goes so can we demand both are returned ?
We bought both together on the same order and they arrived together.

I assume that on the invoice the settee & chair are listed as separate items and have individual prices - if so the answer will be no.

Mark

McKneff

I agree with Mark, sorry but it is two seperate articles, i know it shouldnt be but thats the way they are sold these dayx

LilElvis

isplumm wrote: »

I assume that on the invoice the settee & chair are listed as separate items and have individual prices - if so the answer will be no.

Mark

Others would disagree with that view.

From another current thread about furniture orders and returns:

unholyangel wrote: »

This is wrong - with linked contracts (ie contracts you wouldn't have entered into if you hadn't entered into the main body of the contract), when you're entitled to end one, that extends to the others.

rickyroma

Thanks for the replies. Will check with citizens advice when I get chance. But any other opinions here would be more than welcome

neilmcl

You purchased the items as a suite and as such a full refund would be for the suite as a whole including the chair.

rickyroma

neilmcl wrote: »

You purchased the items as a suite and as such a full refund would be for the suite as a whole including the chair.

They are a matching pair but priced separately (although bought together) and not described as a suite. Sofas and settees seem to be independently priced nowadays and you just make up your own package

unholyangel

rickyroma wrote: »

They are a matching pair but priced separately (although bought together) and not described as a suite. Sofas and settees seem to be independently priced nowadays and you just make up your own package

The reason they're priced separately is usually because not everyone wants the same combination. Some want a 3+2+1, some want a 3+2, some want a 3+1 etc.

However I've yet to meet anyone who would go to one shop, buy a 3 seater then go to an entirely different shop and buy a different 2 seater.

The point neil was making was that they did not just order a 3 seater (for example), they ordered a matching suite made up of x,y & z.

rickyroma

Well, citizens advice weren't much help. Got through to their call centre and spoke to a young lad who seemed to have trouble following what I was telling him. When I asked if we were within our rights to return both items he said he would have to check and then put me on hold. He returned to say the chair was separate and couldn't be returned in their opinion but it was up to "the judge"
What judge? I asked... He didn't seem to know what judge until I suggested a small claims court judge possibly??
Errrrr yes, he replied although he didn't sound as if he had a clue.
I have emailed CA too so a reply might offer a different opinion

unholyangel

rickyroma wrote: »

Well, citizens advice weren't much help. Got through to their call centre and spoke to a young lad who seemed to have trouble following what I was telling him. When I asked if we were within our rights to return both items he said he would have to check and then put me on hold. He returned to say the chair was separate and couldn't be returned in their opinion but it was up to "the judge"
What judge? I asked... He didn't seem to know what judge until I suggested a small claims court judge possibly??
Errrrr yes, he replied although he didn't sound as if he had a clue.
I have emailed CA too so a reply might offer a different opinion

I did write a big massive post but then I magically remembered which provision covers this so deleted and rewrote - the advice I've been giving was advice given to me by trading standards (could maybe try your local office - some are helpful, others less so).

20Right to reject

(1)The short-term right to reject is subject to section 22.

(2)The final right to reject is subject to section 24.

(3)The right to reject under section 19(6) is not limited by those sections.

(4)Each of these rights entitles the consumer to reject the goods and treat the contract as at an end, subject to subsections (20) and (21).

21Partial rejection of goods

(1)If the consumer has any of the rights mentioned in section 20(1) to (3), but does not reject all of the goods and treat the contract as at an end, the consumer—
(a)may reject some or all of the goods that do not conform to the contract, but
(b)may not reject any goods that do conform to the contract.

(3)If any of the goods form a commercial unit, the consumer cannot reject some of those goods without also rejecting the rest of them.

They (TS) said the consumer first has the right to reject all of the goods and treat the contract at an end or alternatively, they also have the right of partial rejection - to reject those that dont conform to contract and keep the remainder.

rickyroma

ok.. thanks.
Regarding the return of the settee. If we return the settee alone , I understand we can request either a refund or replacement. The settee is still available but is it up to the retailer which solution they offer us?
For example ... if we ask for a refund could the retailer refuse and offer a replacement and vice versa?