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Need advice on garden-furniture purchase pls

I recently bought a large wooden garden seat, called a Cottage Arbour from a company called Buttercup Farm. 
It was delivered with two large cracks/splits in the front-facing section of the roof. One is 18 inches long, the other about 15 inches. There are smaller cracks/splits on the side and underside of the same section.
The company are refusing to replace the roof section, saying, "[it] is a naturally occurring split and not damage or a manufacturing issue. The Arbours are made from wood which is a natural product, so there may be slight imperfections like cracks or splits in the wood that may occur with changes in the weather, it is due to the wood losing moisture during warm and dry seasons, and exposure to intense sunlight. During colder and wet seasons the wood will take up moisture again which will cause the grain to swell and will reduce these splits or cracks. This is of no detriment to the product."
They also said on the phone they would not take the item back as we have discarded the plastic wrapping and the plastic straps that the seat was wrapped in.
Are they correct or am I entitled to a replacement? 

Comments

  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 9,942 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 10 March 2021 at 3:34PM
    They are correct about wood cracking due to movement as it takes on and releases moisture. 

    They aren't correct that by removing the packaging you aren't able to cancel your contract in the permitted timeframe. 

    Did they give you any information regarding your right to cancel the contract either by email (excluding links to their website) or on paper with the goods? 

    If they did are you within the timeframes (minimum being 14 days beginning the day after delivery), if they didn't you have 1 year and 14 days to cancel (or 14 days from when they provide the information). 

    If so does it mention they will reduce the refund for diminished value due to excessive handling?

    Do they provide you with an estimated cost of return given a large wooden garden seat presumably can't be returned by normal post?
    In the game of chess you can never let your adversary see your pieces
  • jimmypick
    jimmypick Posts: 48 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    According to their website, we have 14 days t0 cancel. We are close to that now. 
    There was nothing in the paperwork or by email. 
    We emailed them immediately the crack/split. They replied to that email but then ignored the next one.
    Even so, I figured things would be different if the goods were damaged, which I consider it to be, given the size of the cracks/splits.
    Even though you say they are correct about cracks due to movement, would that apply to cracks of this size? 
  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 9,942 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 11 March 2021 at 11:42AM
    If you have photos of the furniture and a link to the product page on the company's site it would help posters advise whether the goods conformed to the contract or not, i.e whether the cracks are an acceptable reason to reject the goods. 
    In the game of chess you can never let your adversary see your pieces
  • jimmypick
    jimmypick Posts: 48 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    edited 14 March 2021 at 12:48PM
    Thanks
    Hope the pic uploads ok.
    Here is the link: https://www.buttercupfarm.co.uk/cottage-arbour-seats-three-6778.html. The cracks are on the roof, on the facing panels. 
    The cracks are 18 inches and 12 inches, close together with further cracks to the side and underneath. 
  • jimmypick
    jimmypick Posts: 48 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    We are worried that rain and frost will get in and damage the wood. Is this a legitimate concern? If it were on display in a shop, it's likely a customer would select one without such a crack. 
  • Bradden
    Bradden Posts: 1,204 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    It's hard to be certain from that photo but the timber does not look pressure treated to me.. despite the description saying otherwise.
    If I'm correct it could be used as grounds to return
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