Chesterfield sofa and chair damaged on delivery - what are my rights/

WDW2010

cx6 said:

That is not correct. It is from their standard list of options and thus not bespoke.

You have the option to tell them a. the item is faulty and b. in any case you wish a refund under the 14 day returns option or you will go to your card company (unless of course you want to accept their offer)

We do not wish to accept their offer but they are claiming its not faulty but damaged. i had a feeling they would come back with the bespoke thing!

the_lunatic_is_in_my_head

OP the Consumer Rights Act doesn’t cover goods being faulty, it covers goods that do not conform to the contract.

You need to point this out to them along with the legislation from my previous post stating the goods must be free from minor defects.

Is this an independent store or a national chain?

WDW2010

the_lunatic_is_in_my_head said:

OP the Consumer Rights Act doesn’t cover goods being faulty, it covers goods that do not conform to the contract.

You need to point this out to them along with the legislation from my previous post stating the goods must be free from minor defects.

Is this an independent store or a national chain?

It is an independent store which has a showroom although we purchased online without visiting. Under the Consumer Rights Act it states that bespoke and customised goods are exempt from cancellation rights. Presumably this refers to the 14 cooling off period and not to where an item has been damaged and therefore the 30 day refund option comes in? Also I would argue that ours is not bespoke as they are claiming as chose the leather colour, stud colour, feet colour from drop down lists on their site.

Thank you for your help it is much appreciated.

cx6

just to re-iterate

choosing color, fabric, feet from a drop-down list is not bespoke

the_lunatic_is_in_my_head

WDW2010 said:

the_lunatic_is_in_my_head said:

OP the Consumer Rights Act doesn’t cover goods being faulty, it covers goods that do not conform to the contract.

You need to point this out to them along with the legislation from my previous post stating the goods must be free from minor defects.

Is this an independent store or a national chain?

It is an independent store which has a showroom although we purchased online without visiting. Under the Consumer Rights Act it states that bespoke and customised goods are exempt from cancellation rights. Presumably this refers to the 14 cooling off period and not to where an item has been damaged and therefore the 30 day refund option comes in? Also I would argue that ours is not bespoke as they are claiming as chose the leather colour, stud colour, feet colour from drop down lists on their site.

Thank you for your help it is much appreciated.

OP The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 cover your right to cancel (which is what you are referring to as the cooling off period).

This is completely separate from the Consumer Rights Act, which covers your situation, and when rejecting goods that do not conform (because they are damaged upon delivery for example) the custom made aspect is irrelevant  

I would send them the below as an email, if they disagree then you are looking at letter before action and small claims.

Out of interest, and as a consideration, do you know how long has the store been in business? If it's 100 years they'll likely be around for you to claim against, if not there is always the risk of not getting anything, even if you win in court, if the business folds before payment.

Dear Company

I am writing to advise you that I am exercising my short term right to reject order number xxx.

Under this right I am not obligated to accept a repair and am entitled to a full refund because the goods do not conform to the contract due to the damage present upon delivery, as previously discussed and accepted by yourself.

The legislation below details my position and I look forward to resolving this issue amicably by way of collection of the goods and a prompt, full refund. 

Many thanks
WDW


www.legislation.gov.uk/ukpga/2015/15/section/9/enacted

Goods to be of satisfactory quality

(1)Every contract to supply goods is to be treated as including a term that the quality of the goods is satisfactory.

(2)The quality of goods is satisfactory if they meet the standard that a reasonable person would consider satisfactory, taking account of—

(a)any description of the goods,

(b)the price or other consideration for the goods (if relevant), and

(c)all the other relevant circumstances (see subsection (5)).

(3)The quality of goods includes their state and condition; and the following aspects (among others) are in appropriate cases aspects of the quality of goods—

(a)fitness for all the purposes for which goods of that kind are usually supplied;

(b)appearance and finish;

(c)freedom from minor defects;

(d)safety;

(e)durability.

www.legislation.gov.uk/ukpga/2015/15/section/19/enacted

Consumer’s rights to enforce terms about goods

(1)In this section and sections 22 to 24 references to goods conforming to a contract are references to—

(a)the goods conforming to the terms described in sections 9, 10, 11, 13 and 14,

(b)the goods not failing to conform to the contract under section 15 or 16, and

(c)the goods conforming to requirements that are stated in the contract.

(2)But, for the purposes of this section and sections 22 to 24, a failure to conform as mentioned in subsection (1)(a) to (c) is not a failure to conform to the contract if it has its origin in materials supplied by the consumer.

(3)If the goods do not conform to the contract because of a breach of any of the terms described in sections 9, 10, 11, 13 and 14, or if they do not conform to the contract under section 16, the consumer’s rights (and the provisions about them and when they are available) are—

(a)the short-term right to reject (sections 20 and 22);

(b)the right to repair or replacement (section 23); and

(c)the right to a price reduction or the final right to reject (sections 20 and 24)

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

Right to reject

(1)The short-term right to reject is subject to section 22.

(2)The final right to reject is subject to section 24.

(3)The right to reject under section 19(6) is not limited by those sections.

(4)Each of these rights entitles the consumer to reject the goods and treat the contract as at an end, subject to subsections (20) and (21).

(5)The right is exercised if the consumer indicates to the trader that the consumer is rejecting the goods and treating the contract as at an end.

(6)The indication may be something the consumer says or does, but it must be clear enough to be understood by the trader.

(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.

(9)The consumer’s entitlement to receive a refund works as follows.

(10)To the extent that the consumer paid money under the contract, the consumer is entitled to receive back the same amount of money.

www.legislation.gov.uk/ukpga/2015/15/section/22/enacted

Time limit for short-term right to reject

The time limit for exercising the short-term right to reject (unless subsection (4) applies) is the end of 30 days beginning with the first day after these have all happened—

(a)ownership or (in the case of a contract for the hire of goods, a hire-purchase agreement or a conditional sales contract) possession of the goods has been transferred to the consumer,

(b)the goods have been delivered, and

(c)where the contract requires the trader to install the goods or take other action to enable the consumer to use them, the trader has notified the consumer that the action has been taken.

WDW2010

the_lunatic_is_in_my_head said:

WDW2010 said:

the_lunatic_is_in_my_head said:

OP the Consumer Rights Act doesn’t cover goods being faulty, it covers goods that do not conform to the contract.

You need to point this out to them along with the legislation from my previous post stating the goods must be free from minor defects.

Is this an independent store or a national chain?

It is an independent store which has a showroom although we purchased online without visiting. Under the Consumer Rights Act it states that bespoke and customised goods are exempt from cancellation rights. Presumably this refers to the 14 cooling off period and not to where an item has been damaged and therefore the 30 day refund option comes in? Also I would argue that ours is not bespoke as they are claiming as chose the leather colour, stud colour, feet colour from drop down lists on their site.

Thank you for your help it is much appreciated.

OP The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 cover your right to cancel (which is what you are referring to as the cooling off period).

This is completely separate from the Consumer Rights Act, which covers your situation, and when rejecting goods that do not conform (because they are damaged upon delivery for example) the custom made aspect is irrelevant  

I would send them the below as an email, if they disagree then you are looking at letter before action and small claims.

Out of interest, and as a consideration, do you know how long has the store been in business? If it's 100 years they'll likely be around for you to claim against, if not there is always the risk of not getting anything, even if you win in court, if the business folds before payment.

Dear Company

I am writing to advise you that I am exercising my short term right to reject order number xxx.

Under this right I am not obligated to accept a repair and am entitled to a full refund because the goods do not conform to the contract due to the damage present upon delivery, as previously discussed and accepted by yourself.

The legislation below details my position and I look forward to resolving this issue amicably by way of collection of the goods and a prompt, full refund. 

Many thanks
WDW


www.legislation.gov.uk/ukpga/2015/15/section/9/enacted

Goods to be of satisfactory quality

(1)Every contract to supply goods is to be treated as including a term that the quality of the goods is satisfactory.

(2)The quality of goods is satisfactory if they meet the standard that a reasonable person would consider satisfactory, taking account of—

(a)any description of the goods,

(b)the price or other consideration for the goods (if relevant), and

(c)all the other relevant circumstances (see subsection (5)).

(3)The quality of goods includes their state and condition; and the following aspects (among others) are in appropriate cases aspects of the quality of goods—

(a)fitness for all the purposes for which goods of that kind are usually supplied;

(b)appearance and finish;

(c)freedom from minor defects;

(d)safety;

(e)durability.

www.legislation.gov.uk/ukpga/2015/15/section/19/enacted

Consumer’s rights to enforce terms about goods

(1)In this section and sections 22 to 24 references to goods conforming to a contract are references to—

(a)the goods conforming to the terms described in sections 9, 10, 11, 13 and 14,

(b)the goods not failing to conform to the contract under section 15 or 16, and

(c)the goods conforming to requirements that are stated in the contract.

(2)But, for the purposes of this section and sections 22 to 24, a failure to conform as mentioned in subsection (1)(a) to (c) is not a failure to conform to the contract if it has its origin in materials supplied by the consumer.

(3)If the goods do not conform to the contract because of a breach of any of the terms described in sections 9, 10, 11, 13 and 14, or if they do not conform to the contract under section 16, the consumer’s rights (and the provisions about them and when they are available) are—

(a)the short-term right to reject (sections 20 and 22);

(b)the right to repair or replacement (section 23); and

(c)the right to a price reduction or the final right to reject (sections 20 and 24)

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

Right to reject

(1)The short-term right to reject is subject to section 22.

(2)The final right to reject is subject to section 24.

(3)The right to reject under section 19(6) is not limited by those sections.

(4)Each of these rights entitles the consumer to reject the goods and treat the contract as at an end, subject to subsections (20) and (21).

(5)The right is exercised if the consumer indicates to the trader that the consumer is rejecting the goods and treating the contract as at an end.

(6)The indication may be something the consumer says or does, but it must be clear enough to be understood by the trader.

(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.

(9)The consumer’s entitlement to receive a refund works as follows.

(10)To the extent that the consumer paid money under the contract, the consumer is entitled to receive back the same amount of money.

www.legislation.gov.uk/ukpga/2015/15/section/22/enacted

Time limit for short-term right to reject

The time limit for exercising the short-term right to reject (unless subsection (4) applies) is the end of 30 days beginning with the first day after these have all happened—

(a)ownership or (in the case of a contract for the hire of goods, a hire-purchase agreement or a conditional sales contract) possession of the goods has been transferred to the consumer,

(b)the goods have been delivered, and

(c)where the contract requires the trader to install the goods or take other action to enable the consumer to use them, the trader has notified the consumer that the action has been taken.

Thank you so much for this! I will send this out tomorrow. I have also found (via a similar post) a link to the CONSUMER CONTRACTS (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS Implementing Guidance which clearly states in section H about what is considered bespoke and in our case it isn't. I feel much more confident now about where we stand.  

WDW2010

WDW2010 said:

the_lunatic_is_in_my_head said:

WDW2010 said:

the_lunatic_is_in_my_head said:

OP the Consumer Rights Act doesn’t cover goods being faulty, it covers goods that do not conform to the contract.

You need to point this out to them along with the legislation from my previous post stating the goods must be free from minor defects.

Is this an independent store or a national chain?

It is an independent store which has a showroom although we purchased online without visiting. Under the Consumer Rights Act it states that bespoke and customised goods are exempt from cancellation rights. Presumably this refers to the 14 cooling off period and not to where an item has been damaged and therefore the 30 day refund option comes in? Also I would argue that ours is not bespoke as they are claiming as chose the leather colour, stud colour, feet colour from drop down lists on their site.

Thank you for your help it is much appreciated.

OP The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 cover your right to cancel (which is what you are referring to as the cooling off period).

This is completely separate from the Consumer Rights Act, which covers your situation, and when rejecting goods that do not conform (because they are damaged upon delivery for example) the custom made aspect is irrelevant  

I would send them the below as an email, if they disagree then you are looking at letter before action and small claims.

Out of interest, and as a consideration, do you know how long has the store been in business? If it's 100 years they'll likely be around for you to claim against, if not there is always the risk of not getting anything, even if you win in court, if the business folds before payment.

Dear Company

I am writing to advise you that I am exercising my short term right to reject order number xxx.

Under this right I am not obligated to accept a repair and am entitled to a full refund because the goods do not conform to the contract due to the damage present upon delivery, as previously discussed and accepted by yourself.

The legislation below details my position and I look forward to resolving this issue amicably by way of collection of the goods and a prompt, full refund. 

Many thanks
WDW


www.legislation.gov.uk/ukpga/2015/15/section/9/enacted

Goods to be of satisfactory quality

(1)Every contract to supply goods is to be treated as including a term that the quality of the goods is satisfactory.

(2)The quality of goods is satisfactory if they meet the standard that a reasonable person would consider satisfactory, taking account of—

(a)any description of the goods,

(b)the price or other consideration for the goods (if relevant), and

(c)all the other relevant circumstances (see subsection (5)).

(3)The quality of goods includes their state and condition; and the following aspects (among others) are in appropriate cases aspects of the quality of goods—

(a)fitness for all the purposes for which goods of that kind are usually supplied;

(b)appearance and finish;

(c)freedom from minor defects;

(d)safety;

(e)durability.

www.legislation.gov.uk/ukpga/2015/15/section/19/enacted

Consumer’s rights to enforce terms about goods

(1)In this section and sections 22 to 24 references to goods conforming to a contract are references to—

(a)the goods conforming to the terms described in sections 9, 10, 11, 13 and 14,

(b)the goods not failing to conform to the contract under section 15 or 16, and

(c)the goods conforming to requirements that are stated in the contract.

(2)But, for the purposes of this section and sections 22 to 24, a failure to conform as mentioned in subsection (1)(a) to (c) is not a failure to conform to the contract if it has its origin in materials supplied by the consumer.

(3)If the goods do not conform to the contract because of a breach of any of the terms described in sections 9, 10, 11, 13 and 14, or if they do not conform to the contract under section 16, the consumer’s rights (and the provisions about them and when they are available) are—

(a)the short-term right to reject (sections 20 and 22);

(b)the right to repair or replacement (section 23); and

(c)the right to a price reduction or the final right to reject (sections 20 and 24)

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

Right to reject

(1)The short-term right to reject is subject to section 22.

(2)The final right to reject is subject to section 24.

(3)The right to reject under section 19(6) is not limited by those sections.

(4)Each of these rights entitles the consumer to reject the goods and treat the contract as at an end, subject to subsections (20) and (21).

(5)The right is exercised if the consumer indicates to the trader that the consumer is rejecting the goods and treating the contract as at an end.

(6)The indication may be something the consumer says or does, but it must be clear enough to be understood by the trader.

(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.

(9)The consumer’s entitlement to receive a refund works as follows.

(10)To the extent that the consumer paid money under the contract, the consumer is entitled to receive back the same amount of money.

www.legislation.gov.uk/ukpga/2015/15/section/22/enacted

Time limit for short-term right to reject

The time limit for exercising the short-term right to reject (unless subsection (4) applies) is the end of 30 days beginning with the first day after these have all happened—

(a)ownership or (in the case of a contract for the hire of goods, a hire-purchase agreement or a conditional sales contract) possession of the goods has been transferred to the consumer,

(b)the goods have been delivered, and

(c)where the contract requires the trader to install the goods or take other action to enable the consumer to use them, the trader has notified the consumer that the action has been taken.

Thank you so much for this! I will send this out tomorrow. I have also found (via a similar post) a link to the CONSUMER CONTRACTS (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS Implementing Guidance which clearly states in section H about what is considered bespoke and in our case it isn't. I feel much more confident now about where we stand.  

Just an update on our sofa issue - I sent an email using the template set out above and also guidance about it not being bespoke and after a couple of the days the company got back to us and said they would issue a full refund. The sofas were collected last week (by a much better courier company - they should have used them in the first place!) and we received our refund today. Thank you so much for all the help and advice on this forum, it is much appreciated. 

the_lunatic_is_in_my_head

Thank you for coming back to let us know, nice to see a positive result