Faulty Garden Furniture

Tickdick00

Good morning all

Sorry - a rather lengthy post coming up...

I recently ordered an outdoor dining set comprising a dining table, 6 chairs and 4 stools from an online retailer who happens to be based a few miles from me. The product was delivered in five large boxes on a pallet. I have started to unpack the table and put it together, but one of the leg sections has been manufactured slightly too long and will not fit. I have also started to unpack a box containing the footstools but have discovered that the thread on one of them is obscured by some solder so you can't screw it together. 

I've tried to contact their customer service department - they asked for photos of the faults which I sent. They have now come back with a rather patronising reply saying its likely to be my fault for not putting it together correctly. I haver asked that they replace the faulty parts but its now gone quiet (you cannot speak directly to anyone - they only deal with emails). In one email I said that if it wasn't resolved quickly I would reject the furniture and they sent me a link to a page saying I had to return everything in exactly the same condition as when it was sent. I have three boxes untouched, but I had to unpack the others which meant cutting cable ties etc, and I would never get the table back in the box as the parts are scattered over the lawn! 

What do I do next? Would I be responsible for paying to return the items? Its probably 125kg+ in total, so I can't put it in the back of my car. Am I legally required to repack items if they are faulty? Do I unpack the remaining three boxes to see if there are any further faults? The unopened boxes are blocking my driveway as well!

Any suggestions would be greatly appreciated - thanks!

JHW1942

Tickdick00 said:

Good morning all

Sorry - a rather lengthy post coming up...

I recently ordered an outdoor dining set comprising a dining table, 6 chairs and 4 stools from an online retailer who happens to be based a few miles from me. The product was delivered in five large boxes on a pallet. I have started to unpack the table and put it together, but one of the leg sections has been manufactured slightly too long and will not fit. I have also started to unpack a box containing the footstools but have discovered that the thread on one of them is obscured by some solder so you can't screw it together. 

I've tried to contact their customer service department - they asked for photos of the faults which I sent. They have now come back with a rather patronising reply saying its likely to be my fault for not putting it together correctly. I haver asked that they replace the faulty parts but its now gone quiet (you cannot speak directly to anyone - they only deal with emails). In one email I said that if it wasn't resolved quickly I would reject the furniture and they sent me a link to a page saying I had to return everything in exactly the same condition as when it was sent. I have three boxes untouched, but I had to unpack the others which meant cutting cable ties etc, and I would never get the table back in the box as the parts are scattered over the lawn! 

What do I do next? Would I be responsible for paying to return the items? Its probably 125kg+ in total, so I can't put it in the back of my car. Am I legally required to repack items if they are faulty? Do I unpack the remaining three boxes to see if there are any further faults? The unopened boxes are blocking my driveway as well!

Any suggestions would be greatly appreciated - thanks!

They have to accept it back because it's faulty, and they are responsible for the cost of the return.  Cutting cable ties, etc is fine - it would be unreasonable to expect you to repack it to that level of precision.  As for the bit in bold, why can't you just gather up the pieces and put them in the box?

I'd use your car to simplify things, because it sounds like arranging a courier or waiting for them to do so (as they should) is just going to lead to more delay.  125kg is less than the weight of two typical adults, so unless you have a two-seater sports car or similar, the weight won't be a problem.

Tickdick00

JHW1942 said:

125kg is less than the weight of two typical adults, so unless you have a two-seater sports car or similar, the weight won't be a problem.

Correct! have a Mazda MX-5 two-seater - and there are 5 boxes - the largest is 2.5m x 1.5m 

JHW1942

Tickdick00 said:

JHW1942 said:

125kg is less than the weight of two typical adults, so unless you have a two-seater sports car or similar, the weight won't be a problem.

Correct! have a Mazda MX-5 two-seater - and there are 5 boxes - the largest is 2.5m x 1.5m 

  
Got a friend who'll help with a bigger car?  I suspect it'll be easier to get it there yourself because judging by their response so far, they don't sound as if they're going to be particularly cooperative when it comes ot organising a courier collection.

Otherwise, write to them formally rejecting the faulty consignment (all of it) and ask when they are going to arrange collection of it and provide a full refund.  Did you pay by credit card?  If so, you have another lever to pull. 

the_lunatic_is_in_my_head

Rather than return the whole lot I'd go to their place of business with the faulty bits and see if they are bit more amicable face to face as you'll likely get a better result.

From a Consumer Rights point of view if the goods do not conform to the contract you can either reject outright for a full refund (but possibly be required to show the fault) or the retailer may offer a repair, replacement or (in this instance full) refund.

Their terms about returning things in the same condition isn't enforceable and regarding return costs:

www.legislation.gov.uk/ukpga/2015/15/section/20/enacted

(7)From the time when the right is exercised—

(a)the trader has a duty to give the consumer a refund, subject to subsection (18), and

(b)the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed.

(8)Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them.