Dining Table - Ordered Online

jjennison

I'm looking for some advice. We ordered a dining table online and paid just under £1000 for the table only plus £40 delivery which was delivery and assembly.

The company that we purchased the table off sent it on a pallet delivery and refused to bring it into the house. Once we opened the table, there were splices in the middle:



And there's also a huge one on the leg - this was obviously not pictured on their website.

We have contacted the company who has advised us that we have to pay for the return of the table, which we have been quoted around £170. We need to return this within 14 days too to be able to qualify for a refund.

Can anyone help? They're saying that this isn't damaged or faulty and that it's part of the 'rustic' look, but the table hasn't been advertised as rustic.

Any help is much appreciated, thanks!

maisie_cat

Do you have a picture and a link to the original listing? Was the item bespoke or did you buy off the shelf? If you chose from a list it isn't necessarily bespoke but if you chose the size it could well be.
What do you mean by a splice, a dutchman repair?
If the table is real wood then every single item will be different, wood is a natural material so it's impossible to supply an exact copy of the listing picture, the grain & knot structure will differ for a start
If the tone of the website or the range of furniture is rustic then I would expect for all the items within that range to be rustic.
Last but not least, have you used it? Using it is usually treated as acceptance, especially around christmas when a table is needed for christmas but no longer required afterwards.
If the company have agreed to a return on a change of mind basis then you will have to pay or perhaps return it yourself by hiring a van and driving it back.
A bit more information would help

unholyangel

maisie_cat wrote: »

Do you have a picture and a link to the original listing? Was the item bespoke or did you buy off the shelf? If you chose from a list it isn't necessarily bespoke but if you chose the size it could well be.
What do you mean by a splice, a dutchman repair?
If the table is real wood then every single item will be different, wood is a natural material so it's impossible to supply an exact copy of the listing picture, the grain & knot structure will differ for a start
If the tone of the website or the range of furniture is rustic then I would expect for all the items within that range to be rustic.
Last but not least, have you used it? Using it is usually treated as acceptance, especially around christmas when a table is needed for christmas but no longer required afterwards.
If the company have agreed to a return on a change of mind basis then you will have to pay or perhaps return it yourself by hiring a van and driving it back.
A bit more information would help

Acceptance is no longer part of CRA - you have a blanket 30 days to reject goods for a refund.

However even under SoGA, where the goods were delivered and you had not had previous opportunity to examine them, you were not deemed to have accepted the goods until you had reasonable opportunity to ascertain the goods conformed to contract and even if you accepted the goods, the retailer remains liable to provide a remedy if the goods don't conform to contract.



OP....what do the t&c's state? You may be under an obligation to return the goods but only if this formed part of the contract at the time of sale and the cost of the return remains the retailers liability. If there was no agreement to return rejected goods, then they are also liable for organising collection of the goods.

(7)From the time when the right is exercised—

(a)the trader has a duty to give the consumer a refund, subject to subsection (18), and

(b)the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed.

(8)Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them.

They may not think the goods are "damaged" or "faulty" but luckily the CRA doesn't make reference to goods that are damaged or faulty - just goods that don't conform to contract. Goods don't conform to contract if they fail to match its description, aren't of satisfactory quality etc. And it seems like your goods could possibly fail to match their description AND are not of satisfactory quality.