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

GloriaShaw85

Is this still the case on customised items? 

GloriaShaw85

Also, I got this response and responded back

Natuzzi:

Dear xx,

 

Firstly, please accept my sincere apologies for not coming back to you sooner and for the experience you have received so far.

 

I would like to offer you £100 to replace your baby’s playmat, I am so sorry that this happened and appreciate the upset that this has caused. Please can you provide me with your bank account details and I will arrange this payment with our accounts department.

 

A new badge and zipper leather base was ordered on Thursday 19th May and I have requested this is expedited, as soon as these parts arrive I will ensure two technicians attend and replace the base and badge and also attend to the scratch on the table as well as the bubble in the seat.

 

Once again, I do apologise for this and hope I can go some way in restoring your faith.

 

I will keep a track on the parts and be in touch as soon as soon as they arrive. In the meantime, if I can help with anything further please do not hesitate to contact myself.

 

Kind Regards

Me: 

Many thanks for your email. 

Thank you for offering to replace my baby’s play mat. Please note bank details to send payment to as follows:

Xxxxxxx

Could you kindly confirm how the side table on the chair is to be repaired? I believe it is not real wood, right?

My concern I have about the chair now being repaired is that it isn’t a new chair anymore. It is a broken chair trying to be repaired to be new, which I’m not sure will be reflected. If you can assure me that the chair will function and look as new, not having less life span, I would be open to Natuzzi attempting to rectify this. I would also request compensation for loss of time, having to make myself available for the repairs and not receiving a new chair in excellent condition.  

Many thanks,

Jenni_D

GloriaShaw85 said:

Is this still the case on customised items? 

Yes. Personalised goods are only excluded* from the right to cancel (for distance sales). Rights per the Consumer Rights Act 2015 still apply, so faulty goods can be rejected whether personalised or not.

*  under UK law, but it is derived from an EU directive so the law in Italy is probably the same. Is it UK law that applies to this contract of sale?

GloriaShaw85

Ummmmm.  I bought the item in London to be delivered in London. So I think so?

Jenni_D

GloriaShaw85 said:

Ummmmm.  I bought the item in London to be delivered in London. So I think so?

I thought this was an online purchase? Who exactly (the exact website address) did you purchase from?

Just because you are in London, with delivery to London, that doesn't mean the seller is in London.

If this wasn't an online (distance) sale then there's no automatic right to cancel anyway. But rejection for non-conformance still applies.

I was merely trying to make you aware that it's not always clear-cut, and sellers may try to obfuscate to avoid their liabilities.  

Manxman_in_exile

Assuming this contract is subject to the Consumer Rights Act 2015 (the T&Cs of your order/purchase should say if the laws of England and Wales or the UK govern it), did you do what was suggested here:

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.

The applicable law is, I think, covered in s24(5)(a) here:  Consumer Rights Act 2015 (legislation.gov.uk)

Quote the legislation to them and explain that as (1) the sofa was delivered damaged and that as (2) they have had one failed attempt to repair it, then (3) you are legally entitled to reject the goods for a full refund.

But if you don't want to go to the hassle of rejecting the sofa and going to the trouble of replacing it all over again there's nothing (I think) to prevent you from allowing them to attempt another repair, but explaining that you will only allow them to do so if they give you a reduction in the price to refelect its repaired condition.  You could also tell them that if they can't repair it satisfactorily a second time, that you reserve the right to reject it.  (Whether you can do that I don't know, but I can't see why not).

So basically, because they've had one failed attempt to repair it, you have the legal right to reject it for a full refund.  It's up to you if you want to do that or not, but it gives you some leverage to negotiate a price reduction which you might be happier with - if they can repair it properly.

Manxman_in_exile

@GloriaShaw85 -  Further to the comment from @Jenni_D, the T&Cs on the website you bought from should state the country whose laws govern the contract.

If it's an Italian website and Italian law, it might not be so strightforward.

It might be further complicated if it was bought online from Italy, but the OP has been delaing with a Natuzzi entity registered in the UK...

sheramber

OP hasn't confirmed if it was bought online or in a retail shop.

Manxman_in_exile

True         

Jenni_D

sheramber said:

OP hasn't confirmed if it was bought online or in a retail shop.

Indeed ... but CRA2015 rights apply regardless (provided the sale was covered under English/Scottish/UK law).