Retailer not sorting problem - next step?

Supersonos

We bought a large number of artisan fence panels (online, paid by credit card).

They all arrived, but four of them are the wrong size (4ft high instead of 6ft). The retailer acknowledged this over the phone and said a replacement would be delivered within a few days. That was nearly a month ago. Since then the retailer is not answering any calls (goes to voicemail), any emails and their online chat is not working.

What is my next step? It seems I should get in touch with my CC company, but without the four replacements, all the others are useless to us. Although technically only four are wrong (about £130 worth) can I claim the entire sum (about £1,200) from my CC company?

[Deleted User]

You should contact your card provider, but you need to consider your approach -

Firstly - could you get four replacement panels elsewhere? If yes, I would be looking for a refund of the 4 panels only.

If not, and you definitely can't use what you have, your argument needs to be that you are looking to return, and get a refund for, the whole lot.

The provider could consider either chargeback or section 75. If section 75, if only covers items over £100 - in which case you need to make the argument that you bought them as a full set, i the same way that you might buy suit trousers and jacket as separate items, but only on the basis that you want both.

Supersonos

Deleted_User wrote: »

Firstly - could you get four replacement panels elsewhere? If yes, I would be looking for a refund of the 4 panels only.

This is the rub - if they were off-the-shelf, we'd probably just get on and buy 4 panels from elsewhere and get our fence finished, but because they're handmade, anything we get from anywhere else won't match, so it makes them all useless.

Is there a time limit to doing something? The payment was made on 4 June.

Deleted_User wrote: »

in which case you need to make the argument that you bought them as a full set,

I'm pretty sure we could make that argument - it was one transaction.

[Deleted User]

Supersonos wrote: »

Is there a time limit to doing something? The payment was made on 4 June.

120 days for chargeback I believe. Section 75 - it's more open ended, but I would get one with it now. It's unlikely to be a quick process.

Keep the panels safe somewhere as they may need to go back to either the retailer or the card company (thought the latter is probably unlikely given the nature of the good).

Supersonos

Deleted_User wrote: »

120 days for chargeback I believe. Section 75 - it's more open ended, but I would get one with it now. It's unlikely to be a quick process.

Keep the panels safe somewhere as they may need to go back to either the retailer or the card company (thought the latter is probably unlikely given the nature of the good).

They're still exactly where they delivered them.

Thanks for the advice.

unholyangel

Yes you can reject them all - when some goods conform and some dont, you have the option of:
1) accepting all the goods,
2) rejecting all the goods or,
3) rejecting the goods that don't conform and keep the goods that do

Now usually you would only have 30 days to reject the goods. However as yours didn't conform and you agreed to their replacement, the 30 day period stopped running on the day you agreed to their replacement and doesn't start again until the trader supplies goods in response to that request/agreement.

So you should still be within the time limit for the shot term right to reject.

Section 75 gives you the same rights against your card company that you would have against the retailer. So since it looks like you have the short term right to reject all the goods with the trader, then you will also have that right with the card company.

Supersonos

Looking into it further, my wife actually paid via PayPal, so we're into a whole new world of hurt.

Fingers crossed...