Purchase issue advice

kedo_21

Hi,

I recently purchased some garden furniture for my new house back in April. I checked the furniture out and all seemed fine.

On putting the furniture together recently, part of it is noticeably a different colour to the rest?
The response from the company is below:

Good Afternoon,

My colleague has past through your Facebook query and images you have sent.

Thank you for taking the time to send photographs.

We are sorry to see this although any discrepancies/issues with the order do need to be reported within 48 hours of delivery as per our terms and conditions. As the furniture was delivered to yourself in April we are unable to help any further on this occasion.

Apologies for any inconvenience caused

I'm not sure if i have any rights here but the products sent are not an acceptable standard of £700+. Any help would be appreciated

Regards

Daniel.

unholyangel

Remind them that the term they seek to rely on is blacklisted for two reasons. Firstly, it attempts to restrict/remove their liability for goods that don't conform to contract - which is a liability that cannot be restricted. Secondly, it attempts to override the time limits permitted in law for making a claim (the limitation act sets out a period of 6 years for action found on simple contract). On top of this, due to it being highly likely to mislead consumers about their rights, it potentially amounts to a criminal offence.

Remind them that under the Consumer Rights Act, you are entitled to goods that match their description and are of satisfactory quality. That any lack of conformity that becomes apparent in the first 6 months after sale is assumed to be inherent and it is for the trader to prove otherwise (so its particularly misleading to try and disclaim liability within the first 6 months).

How did you pay for it and did you buy it as a set for one price or were they all priced individually?

McKneff

unholyangel wrote: »

Remind them that the term they seek to rely on is blacklisted for two reasons. Firstly, it attempts to restrict/remove their liability for goods that don't conform to contract - which is a liability that cannot be restricted. Secondly, it attempts to override the time limits permitted in law for making a claim (the limitation act sets out a period of 6 years for action found on simple contract). On top of this, due to it being highly likely to mislead consumers about their rights, it potentially amounts to a criminal offence.

Remind them that under the Consumer Rights Act, you are entitled to goods that match their description and are of satisfactory quality. That any lack of conformity that becomes apparent in the first 6 months after sale is assumed to be inherent and it is for the trader to prove otherwise (so its particularly misleading to try and disclaim liability within the first 6 months).

How did you pay for it and did you buy it as a set for one price or were they all priced individually?

Excellent post !!!

kedo_21

Thanks Unholyange,

That's a fantastic reply,

It was purchased on a credit card and for a full corner rattan furniture set. I've had another reply to say they are sticking to the their guns with the 48 hours terms and conditions.

I'l go back to them again today. :j

Regards

Dan

unholyangel

If the company won't play ball, contact your card issuer about a section 75 claim.

Section 75 of the Consumer Credit Act 1974 makes the creditor jointly & severally liable for performance of the contract. Meaning if you have a claim in law against the retailer, you also have the exact same claim against the creditor. You can choose to chase the retailer, the creditor or both.

Section 75 has the bonus that if your bank refuse your claim (or 8 weeks pass without them giving you an answer), you can then refer it to the financial ombudsman at no cost and with no risk.