What are my options please ? - Summer house, missing parts.

Psychomech

Hi, I'm posting about a situation with my parents.  Here is a summary of the details, I was hoping someone could let me know what their options maybe, thanks.

We ordered a summer house from an large online retailer, who were authorised resellers for the manufacturer.
The original delivery date was pushed back over a month.
It was then delivered, but missing the window glazing, which they informed us of, but promised that it would be delivered shortly after.
We assembled the summerhouse, and treated it, as per the anti-rot warranty required.
The glazing did not arrive when expected.
A series if phone calls with the manufacturer ensued, where someone sympathetically listened to the issue, promised to ring back, and then did not.
We have sent emails, customer services promise to ship the glazing by courier, but it is never actually sent.
This has been going on for several weeks now.

Any advice please on how we can escalate this?  We just want the window glazing, we are otherwise satisfied with the summer house, but we assume they are having issue getting the glazing themselves, and other online reviews suggest others have the same problem  Should we be asking for partial refunds to buy the glazing elsewhere?  Should we getting in touch with the credit card company and let them pursue it?  And where do we stand legally, as we have assembled and treated the summer house on the promise of the glazing, but doing so, according to the manufacturers t&cs, means we can's just return it for a refund.
Any help, tips or advice appreciated.

the_lunatic_is_in_my_head

Hello OP

As it stands the goods do not conform to the contract and you'd be entitled to reject the goods for a full refund within 30 days but it sounds as if you are happy with the summerhouse and simply want to get your hands on the glazing. 

There's no obligation to reject for a refund so the retailer (not the manufacturer) has an obligation to offer a repair, replacement or refund. 

There is a right to a price reduction and a reduction for the cost of sourcing the glazing elsewhere is reasonable in my view. I would approach the retailer and request this whilst noting the below from the Consumer Rights Act with them. Hopefully the retailer is sensible enough to agree.

Worth a note that if two parties can't agree it typically comes down to small claims where you need to mitigate your losses so your reduction should match the value of what the original specs were for the glazing, you don't have to pick the cheapest you can find but it shouldn't be excessively expense. As far as I can see you could also go for better glazing paying the extra yourself.


www.legislation.gov.uk/ukpga/2015/15/section/24/enacted

(5)A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—

(a)after one repair or one replacement, the goods do not conform to the contract;

(b)because of section 23(3) the consumer can require neither repair nor replacement of the goods; or

(c)the consumer has required the trader to repair or replace the goods, but the trader is in breach of the requirement of section 23(2)(a) to do so within a reasonable time and without significant inconvenience to the consumer.

Bradden

If they will agree to it the simplest solution would be to source the glazing locally and have them cover the cost. Considering the current situation with the supply chain I'd be surprised if they didn't agree.

Aylesbury_Duck

On a practical level, make sure the window aperture edges are treated (if they should be) and protected from the elements whilst they await the glazing.  

Psychomech

Appreciate the help so far. The preferred option is that they supply the glass, but it is good to know that it is reasonable for use to ask for a discount proportionate to sourcing it independently.  This was the general idea we were thinking off, but some legislation to quote is very useful.  And we have treated the wood

Psychomech

Thanks for the info, just a quick update.  After getting in touch with the retailer again, they really pushed the supplier hard and the glazing was delivered within a few days.  So a happy outcome after a bit of hassle.
Thanks again.