Question regarding 'durability' of item

mrdo

Fosterdog wrote: »

I'm actually not surprised at all that a rack of that design has broken when knocked over, that is thinner than even really cheap and basic patio slabs and they are very easy to break when laying them even on soft cement or sand, I wouldn't be surprised if it broke falling on carpet let alone a solid floor.

now you tell me! :-)

lincroft1710

Concrete is not a suitable material for a magazine rack of that design, too easily knocked over. A poorly made wooden one could also suffer damage if knocked over.

But magazine racks are for holding magazines, so if it holds magazines, it's fit for purpose.

neilmcl

lincroft1710 wrote: »

But magazine racks are for holding magazines, so if it holds magazines, it's fit for purpose.

Did you see the OP questioning it's fitness for purpose?

lincroft1710

neilmcl wrote: »

Did you see the OP questioning it's fitness for purpose?

No, can't say I did.

mrdo

it sounds like there's no right or wrong as usual and i'm guessing that The Hut will not be changing their mind anytime soon in which case they'll have lost a customer.

thanks for all your input.

unforeseen

The design of it is such that it has inherently weak points so not surprised that it broke. I'm guessing the break was along the side/base line.

mrdo

unforeseen wrote: »

The design of it is such that it has inherently weak points so not surprised that it broke. I'm guessing the break was along the side/base line.

you are correct, unfortunately. :-)

Ganga

mrdo wrote: »

Hi there,
I purchased a concrete magazine rack in November.
Last week the cat knocked the magazine rack over (it was sitting on the floor as you would expect) and the rack split in two.

My question is whether I would be entitled to a replacement or refund as I consider the item to have failed the durability test. If I had purchased a plastic, wooden or metal magazine rack, I would not have expected the rack to break the first time it fell over.

Ironically, the company originally sent me 2 racks by mistake and I was honest enough to inform them and have them collect the extra rack. I wish I hadn't now!

I should point out that the magazine rack costs approx. £150 so is not a cheap item.

Any advice gratefully received.

Sue the cat :rotfl::rotfl::rotfl:

Azari

mrdo wrote: »

it sounds like there's no right or wrong as usual and i'm guessing that The Hut will not be changing their mind anytime soon in which case they'll have lost a customer.

thanks for all your input.

Get in touch with them again and tell them that you do not believe that the item was of merchantable quality as required under the 'Sale of Goods Act'.

It is made of a substance that is unsuitable for use in such an intrinsically unstable item, and as it seems obvious to most people here that it would break if it fell over, it is very clearly not of merchantable quality.

If they won't play ball, send them a 'letter before action' (templates all over the internet). Whether or not you take it any further if they still won't refund you is up to you, but it will focus their minds.

Do not take too much notice of people here who say you don't have a reasonable case. Sadly these forums are patrolled by people who have very little idea of consumer law.

neilmcl

Azari wrote: »

Do not take too much notice of people here who say you don't have a reasonable case. Sadly these forums are patrolled by people who have very little idea of consumer law.

And don't take notice of people giving advice regarding consumer law from people who don't know that SOGA has not been in force for contracts since late 2015.