Item paid in December but item still not received - what are my rights

GloriaShaw85

Hiya,

We bought a chair from Natuzzi towards the end of December. They advised verbally they could not fulfil delivery until February, due to Covid. We are now in April, and there’s not been any sofa delivery nor any updates from Natuzzi. 

Are Natuzzi not bound to fulfil this order, and that too, well within 4 months?

What can I do? I would still like the item, however, is requesting a refund my only option, and if so, how do I approach them? 

Many thanks

Manxman_in_exile

As I understand it, under s28 of the Consumer Rights Act 2015, a trader is meant to deliver goods without "undue delay" and in any case no later than 30 days after the contract has been entered into - unless the two of you have agreed a different timescale.

The applicable law is here:  Consumer Rights Act 2015 (legislation.gov.uk)

Here it sounds as if you agreed for delivery in February - over a month ago.

Give them a written* deadline (say 14 or 21 days** to get the goods delivered) and tell them that if they haven't complied you will treat the contract as at an end.  In which case you are entitled to a full refund of all monies you have already paid.  Quote the above legislation (s28) to them so they know that you know what you are talking about

How hard or reasonable you want to be on them depends on how much you want the goods, weighed up against how much you want your money back.  If they told you the goods would definitely be with you in, say, 30 days, would you trust them?

If it's a distance purchase you may also be able to cancel the contract (or withdraw your offer to buy) unless one of the exceptions (eg the goods are personalised or built to your specification) apply.

*email will do

**or whatever period you consider "reasonable"

Thrugelmir

GloriaShaw85 said:

 if so, how do I approach them? 

Pick up the phone and have a discussion directly with them. 

Manxman_in_exile

Thrugelmir said:

GloriaShaw85 said:

 if so, how do I approach them? 

Pick up the phone and have a discussion directly with them. 

Yes.  Should have made that clearer but that's what I meant by:

Manxman_in_exile said:

...How hard or reasonable you want to be on them depends on how much you want the goods, weighed up against how much you want your money back.  If they told you the goods would definitely be with you in, say, 30 days, would you trust them?...

Find out what the position is over the 'phone by talking to them first, and then let them know in writing that if they don't deliver it by ...

GloriaShaw85

Yes, had called them last month, they didn’t answer, so emailed for an update, and they called my husband back to say ‘it isn’t here yet, expect it in April’

sorry, I have a newborn, so between feeding, cleaning, soothing and the other responsibilities on top, I forgot to mention that, especially because they spoke to my husband and he mentioned with very little importance and probably whilst I was feeding baby :$

GloriaShaw85

Ok wonderful! thank you for this information and the advice ^_^

wasnt sure I had the ability to request the item or that I just had to keep waiting. 

I don’t want to be mean but yes, want to be firm. Thank you (:


Manxman_in_exile said:

As I understand it, under s28 of the Consumer Rights Act 2015, a trader is meant to deliver goods without "undue delay" and in any case no later than 30 days after the contract has been entered into - unless the two of you have agreed a different timescale.

The applicable law is here:  

Here it sounds as if you agreed for delivery in February - over a month ago.

Give them a written* deadline (say 14 or 21 days** to get the goods delivered) and tell them that if they haven't complied you will treat the contract as at an end.  In which case you are entitled to a full refund of all monies you have already paid.  Quote the above legislation (s28) to them so they know that you know what you are talking about

How hard or reasonable you want to be on them depends on how much you want the goods, weighed up against how much you want your money back.  If they told you the goods would definitely be with you in, say, 30 days, would you trust them?

If it's a distance purchase you may also be able to cancel the contract (or withdraw your offer to buy) unless one of the exceptions (eg the goods are personalised or built to your specification) apply.

*email will do

**or whatever period you consider "reasonable"

Ok wonderful! thank you for this information and the advice ^_^

wasnt sure I had the ability to request the item or that I just had to keep waiting. 

I don’t want to be mean but yes, want to be firm. Thank you (: 

sheramber

Natuzzii furniture comes form Italy . It might be sitting in van trying to cross the channel, along with thousands of other lorries.

There are lots of delays on furniture at present, due to availability of components and Berxit custoims delays and now ferry problems.

Will you be able to get a chair any sooner from anywhere else?

GloriaShaw85

Ok so item got delivered on 2nd May, but when assembled by the two men, they stated it was damagedfrom the stem part to the main chair, and they notified Natuzzi. Natuzzi called to arrange someone to come and repair it on 18.05.22. 

Nb, it took 2 men to assemble. Today one doing, one significantly older gentleman came to repair it, who made it worse. He scratched other parts of the chair, broke off the Natuzzi emblem, and further damaged my baby’s play mat when he placed his tools down on it (I, female, was with baby, whilst husband attended to this). 

What do I do? I just want this gone and a refund now. So disappointed with how quality of items and work has just deteriorated these days. 

GloriaShaw85

Anyone able to advise? 

pinkshoes

It was faulty. They have had one opportunity to fix it and they haven't, so you can now reject it.

Write to them and tell them you are rejecting it. Consumer Rights Act 2015.

Jenni_D

pinkshoes said:

It was faulty. They have had one opportunity to fix it and they haven't, so you can now reject it.

Write to them and tell them you are rejecting it. Consumer Rights Act 2015.

Is correct. And they need to give you a full refund of all monies paid, and they need to come and collect the rejected goods (at no cost to you).