Returning matching chair and settee

Chucky1234

rickyroma wrote: »

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?

Correct. They can either repair, replace or refund it at their discretion aslong as it doesn't cause major inconvenience to you.

unholyangel

rickyroma wrote: »

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?

If they've already had more than one attempt at a repair, no. You can insist on a refund.

(5)A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—

(a)after one repair or one replacement, the goods do not conform to the contract;

(b)because of section 23(3) the consumer can require neither repair nor replacement of the goods; or

(c)the consumer has required the trader to repair or replace the goods, but the trader is in breach of the requirement of section 23(2)(a) to do so within a reasonable time and without significant inconvenience to the consumer.

(6)There has been a repair or replacement for the purposes of subsection (5)(a) if—

(a)the consumer has requested or agreed to repair or replacement of the goods (whether in relation to one fault or more than one), and

(b)the trader has delivered goods to the consumer, or made goods available to the consumer, in response to the request or agreement.

(7)For the purposes of subsection (6) goods that the trader arranges to repair at the consumer’s premises are made available when the trader indicates that the repairs are finished.

(the legislation I've been quoting both in this post and my previous one was the consumer rights act 2015).

rickyroma

well citzens advice have replied,,,, a lot of it stock answers and info obviously cut and pasted.
When it comes to whether or not I can return both items they say I "could argue" that I bought them as a set.
So even citizens advice wont stick their neck out and say one way or the other !

unholyangel

rickyroma wrote: »

well citzens advice have replied,,,, a lot of it stock answers and info obviously cut and pasted.
When it comes to whether or not I can return both items they say I "could argue" that I bought them as a set.
So even citizens advice wont stick their neck out and say one way or the other !

Kind of makes it sound like CAB are the place to go when you want legal advice. They can be good for general idea of your rights but are useless when it comes to details/specifics because what they're advising you from is basically the advice thats already on their website. Dont believe me, call them back up and ask them again, but this time specifically quote the law I quoted above and see what their response is

Thats why I advised you try asking your local TS. Some wont give advice citing that they are there for compliance only, but others will. Quite a few of us on here have received a great result/good advice when contacting TS. Again their advice isn't flawless but they're a lot more reliable than CAB because they're responsible for enforcing the law so are more likely to be aware of specifics.

I would have advised a free half hour consultation with a solicitor but I'd be surprised if any would be willing to take it - consumer law isn't really a money maker for solicitors given the small amounts usually involved don't justify the expense required to get professional legal advice and that claims under 10k generally wont have legal expenses awarded.

As the statute I quoted above says, where the goods form a commercial unit, you can only reject them all or accept them all. A commercial unit is where they have one price. Where the goods do not form a commercial unit, you have the choice of rejecting all of the goods or you can reject some/all of those that do not conform and keep the rest.