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Faulty goods

I ordered four swivel dining chairs from Furniture Village on 2 October.  The chairs were delivered at the end of November/beginning of December.  By the middle of December, one of the chairs seats had come away from the swivel legs and the material on another had developed a hole.  I contacted customer services and they advised that the manufacturer would replace the broken and defective chairs which they did in January.  In the middle of May, the seat on another chair had come away from the swivel legs.  I contacted customer services and they acknowledged the email but no reply has been received.  I chased a reply on 9 June and was told that due to Covid-19 there was a delay in getting back to customers.  On 25 June another seat came away from the swivel legs and I again contacted customer services.  As we were down to two chairs, I contact Furniture Village via the website online chat.  I explained the situation and said the chairs were not fit for purpose and that I would like them collected and a full refund issued.  At first I was told that I could not have a refund as I purchased the chairs over 6 months ago.  I explained they were faulty goods and was then told that they would need authorisation from customer services to issue a refund.  As customer services weren't replying to me, I asked for a manager/supervisor to contact me.  I was told that customer services were "very very busy and behind" but she had contacted one of the service ladies and she would email me last night.  I didn't get an email last night.  
I am now becoming very frustrated and not sure what to do next.  Can anyone help please?  Thanks.  

Comments

  • Sandtree
    Sandtree Posts: 10,628 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    The key point here is that you did make them aware of the repeat problem within 6 months of receipt, the fact they've a backlog doesn't enable them to use the fact it is now over 6 months later to get out of their obligations or apply the changes that happen in your rights after 6 months
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Sandtree said:
    The key point here is that you did make them aware of the repeat problem within 6 months of receipt, the fact they've a backlog doesn't enable them to use the fact it is now over 6 months later to get out of their obligations or apply the changes that happen in your rights after 6 months
    It wasn't within 6 months. OP purchased 2nd October so 6 months later would be 2nd April. OP reported the second failing in the middle of may.

    But that's besides the point as they seem to be willing to offer something, they're just limited perhaps due to covid. OP how did you pay for the items and what was the price of the items? Were the purchased as one lot of 4 chairs? Or 4 lots of one chair? 
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    6 months commences from the later of purchase date or delivery date. Delivery was end November, so 6 months was up at the end of May. Technically the fault in June was exempt but not any earlier incidents.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    DoaM said:
    6 months commences from the later of purchase date or delivery date. Delivery was end November, so 6 months was up at the end of May. Technically the fault in June was exempt but not any earlier incidents.
    Missed the delivered part! Just saw furniture village and thought in store. Oops.
    End nov/beg of dec is dicey though. Implies the OP does not know when they were delivered and it could go either way depending on exact dates. 
     
    As I said though, besides the point as they don't seem to be asking OP to prove it was inherent. It's just the delay OP isn't happy with. Reasonable time depends on circumstance and I don't believe it has yet been tested (and may never be, given the niche circumstances) how the courts would reconcile that with the covid crisis. Which is why I asked about payment to see if section 75 would be an option (with it being over 120 days for chargeback). 
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    If they were sold as a set (rather than individual items) then OP could exercise their Final Right To Reject for a refund as the seller has already had (more than) their one chance at providing a remedy. I'd argue that the refund should be in full as the second failure was advised clearly within 6 months.

    It seems that FV are going to give a full refund - but at least this gives the OP some more ammunition .. as well as the method of payment position. :)
  • The chairs were 4 lots of one chair and were delivered on 27 November. Each chair was £179 -£25 discount +£20 delivery = £711. I wouldn’t say they were cheap chairs so wouldn’t expect them to break in this time frame. I bought them online and paid using my VISA debit card. There is clearly some kind of fault with them. 
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The chairs were 4 lots of one chair and were delivered on 27 November. Each chair was £179 -£25 discount +£20 delivery = £711. I wouldn’t say they were cheap chairs so wouldn’t expect them to break in this time frame. I bought them online and paid using my VISA debit card. There is clearly some kind of fault with them. 
    Damn, I was getting ever more hopeful there - ticked all the boxes for s75 protection until you got to the debit card part. 

    You could try sending a letter before action but you may find a lot of their staff are furloughed. However the time limit you'd be expected to give for them to respond would be between 14 days and 3 months depending on how complex the circumstances. Again, there's been no tests in court as to how courts would work covid into the existing rules. so you may find they'd deem covid as adding complexity and therefore, more time should be allowed. 

    DoaM said:
    If they were sold as a set (rather than individual items) then OP could exercise their Final Right To Reject for a refund as the seller has already had (more than) their one chance at providing a remedy. I'd argue that the refund should be in full as the second failure was advised clearly within 6 months.

    It seems that FV are going to give a full refund - but at least this gives the OP some more ammunition .. as well as the method of payment position. :)
    Don't need to be sold as a set to have the right to reject all of them. It's just that if they are a set, you have to reject them all, you can't choose to accept the conforming and reject the non-conforming as it forms a commercial unit. If they were sold as individual chairs, OP has the choice (if they have the final right to reject) to reject all, accept all or reject non-conforming and accept conforming. 
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    I was probably conflating CRA and S75 with my previous statement, on the basis of >£100 per item (or set) for S75 to apply but crossed that with the FRTR. :)
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    DoaM said:
    I was probably conflating CRA and S75 with my previous statement, on the basis of >£100 per item (or set) for S75 to apply but crossed that with the FRTR. :)
    Took me a second to get FRTR  :D
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
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