Refund on faulty garden furniture

tweed13

I purchased garden furniture. After checking it after a few days of leaving it in box, i discovered one of the chairs is damaged. I am frankly not happy with the quality of the set either.

I am arguing that the goods are faulty and damaged due to the issue with the chair.

I therefore believe this means i can get the whole set refunded, and they should pay for collection too.

The terms and conditions (which i didn't read (gulp!)) state they will charge a 25% admin fee, which would be c £250!

Is this fair and enforceable? This seems like an unfair contract term to me.

What are my rights?

Should this company refund? Or do they just need to refund one chair? I am within my 14 days too.

Thanks

Aylesbury_Duck

They cannot charge an admin fee for a faulty product.

Did you buy online?

tweed13

Hi,
They are arguing i just don't like the furniture and they are happy to replace the one chair, and charge me for the return of the rest.


I am not satisfied with this- in my view one broken part of a set means the whole set is faulty. You wouldn't just replace the sole of a shoe for example!

Am i right? I don't know how to continue to ensure I get the outcome I wish- full refund and no collection charge, which i think is in line with CRA 2015?

---

sorry didn't answer your question in my rage! Yes, purchased online.

Oakdene

tweed13 wrote: »

Hi,
They are arguing i just don't like the furniture and they are happy to replace the one chair, and charge me for the return of the rest.


I am not satisfied with this- in my view one broken part of a set means the whole set is faulty. You wouldn't just replace the sole of a shoe for example!

Am i right? I don't know how to continue to ensure I get the outcome I wish- full refund and no collection charge, which i think is in line with CRA 2015?

Well it's a little different than that...



Did you buy online or instore?

tweed13

Hi Oakdene

Yes I know it's a bit different but hopefully you get my throw away example... my sentiment was lost in the text!

I think a single faulty chair should constitute enough to return the lot, right?

I edited my earlier reply after the event as I realised i hadn't answered the question-

This was an online purchase.

Thanks

JJ_Egan

<I think a single faulty chair should constitute enough to return the lot, right? >


No probably not .



But as its an online purchase you have the rights to return the lot .
https://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange/#buyingfromhome

tweed13

Thanks JJ Egan, under the return rights you mention, who pays for it?

The T&Cs state:

6.2 Where a claim of defect or damage is made then it shall be the responsibility of the Seller to collect faulty Goods if the items are large, otherwise the Goods shall be returned by the Buyer to the Seller and the Buyer shall be entitled to replacement Goods or a full refund (including delivery costs, if applicable) plus any return postal charges if the Goods are in fact defective

I think this is what I am requesting, for the full set of furniture


6.3 Goods to be returned must clearly show the order number obtained from the Seller on the package.

6.4 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.

6.5 Where Goods are purchased via the internet the Buyer has the right, in addition to any other rights, to cancel the Goods and receive a refund by informing the Seller in writing or by email within 1 working day of receipt of the Goods. Goods must be returned at the Buyer’s cost and should be adequately insured during the return journey. Goods must be re packed and returned in same packaging and state as delivered,charges for repacking will be made by Seller if not adequately repacked.The Buyer shall receive a refund of all monies paid minus a 25% handling and admin charge for the Goods (including delivery charges, if any) except for return postal charges within 30 days of cancellation. Sale Items are not refundable unless faulty

6.5 is what i think they are trying to do- which would be a c £250 charge by my reckoning, which doesn't seem fair or reasonable?

Is it fair to charge so much on online purchase even if the buyer doesn't like the product and wishes to return it?

DoaM

How was the purchase defined? Did you buy (for example):

1. A set of garden furniture comprising a table and 4 chairs, qty 1

2. Garden furniture comprising a) Table, qty 1 and b) Chair, qty 4

(These have the same quantity of items, but the order structure is very different). Your rights are influenced on how the order was constructed.

But regarding the admin fee ... this is illegal. For a change of mind return then the consumer can be made to pay for the return of the goods (as long as the seller's T&Cs covered this), and the seller can reduce the amount of the refund (up to 100%) based on the consumer's handling of the product.

If the goods don't conform to contract (e.g. are faulty) then the seller bears all costs in making them conform. Within the first 30 days the consumer has an absolute right to reject for non-conforming goods but the seller may require the consumer to prove the fault.

What then matters is whether option 1 or 2 above apply for your order. If it was option 1 then you have a legal right to reject the whole order as the goods were sold as a package; if it was option 2 then you can only legally reject the 1 chair as non-conforming.

http://www.legislation.gov.uk/uksi/2013/3134/contents/made
http://www.legislation.gov.uk/ukpga/2015/15/contents/made

tweed13

DoaM-

Thank you for the thorough response-

It was definitely sold as 1 package - table, chairs, cushions, parasol etc i.e. 1 set.

thanks for the attaching links too- i shall take a read through!

unholyangel

In this case it doesn't really matter if the goods formed a commercial unit (ie a set of items with one price tag opposed to several matching items priced individually).

Under CRA, if some of the goods conform and some of the goods do not, the consumer has the option of:
1) Accepting all the goods
2) Rejecting all the goods
3) Rejecting the goods that don't conform and keeping the goods that do.

However there is a caveat that if the goods form a commercial unit, then the consumer cannot reject some of the goods without rejecting the rest of the goods that make up that commercial unit.

DoaM

unholyangel wrote: »

However there is a caveat that if the goods form a commercial unit, then the consumer cannot reject some of the goods without rejecting the rest of the goods that make up that commercial unit.

Fortunately that's what OP wants to do.