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

sheramber

Natuzzi.com is Italy based.

GloriaShaw85

Hi everyone, thank you so much for your help! Yes, I bought the sofa in store, here in the UK, but they would have had to send the order request to Italy to customise it I suppose. 

Is this ok to send?

Hi xxxx,

There has been no response, even in your absence. I believe you should have returned to the office, and still there has been no update or response. 

The chair arrived damaged and faulty on 02.05.22. Natuzzi were given an opportunity to fix it on 18.05.22, but failed to do so; in fact, further damage occurred to the item and also to our personal item. 

As a result, I now exercise my legal right under the Consumer Rights Act 2015, Section 24 (a) and (c) to reject the chair, and request a full refund, as well as reimbursement towards the damage caused to our baby’s play mat. Please kindly arrange to process the refund and pick up the chair as a matter of urgency. 

If there is no response within 14 days, I will be referring the matter to the Ombudsman. 

Alderbank

If there is no response within 14 days, I will be referring the matter to the Ombudsman. 

Who is this Ombudsman you refer to?

Natuzzi are not listed in the members' index of the Furniture Ombudsman https://www.fhio.org/members?starts_with=N

You would be better pursuing your customer rights under CRA 2015 as suggested by other posters above.

Ergates

GloriaShaw85 said:

Hi everyone, thank you so much for your help! Yes, I bought the sofa in store, here in the UK, but they would have had to send the order request to Italy to customise it I suppose. 

Is this ok to send?

Hi xxxx,

There has been no response, even in your absence. I believe you should have returned to the office, and still there has been no update or response. 

The chair arrived damaged and faulty on 02.05.22. Natuzzi were given an opportunity to fix it on 18.05.22, but failed to do so; in fact, further damage occurred to the item and also to our personal item. 

As a result, I now exercise my legal right under the Consumer Rights Act 2015, Section 24 (a) and (c) to reject the chair, and request a full refund, as well as reimbursement towards the damage caused to our baby’s play mat. Please kindly arrange to process the refund and pick up the chair as a matter of urgency. 

If there is no response within 14 days, I will be referring the matter to the Ombudsman. 

Drop that first paragraph, it adds nothing.

Put in a deadline for the resolution of the issue too, rather than just getting a response.

You could threaten (if you're prepared to do so) to take them to the small claims court for the cost the refund (+ mat) and whatever it might cost you to send the sofa back (you could get a quote for this to provide).

GloriaShaw85

Woooooops! Assumed we could go to the ombudsman for alll consumer matters (:

 The first paragraph was because it’s been 10 days since I was in touch and had not heard anything (:

GloriaShaw85

Oooo ok so they got back in touch with me before I emailed them. They wrote:

Apologies for the delay in coming back to you.

 

I have passed your details over to accounts to process the payment.

 

I can confirm we will order a replacement for you. Please continue to use the chair as you would and we will be in touch once it arrives in the UK. Estimated lead time at the moment is Sept/Oct.

 

Please let me know if I can help with anything in the meantime.

 

Thanks

 

Kellie

Manxman_in_exile

So, to clarify:

1.  You bought a chair or sofa (let's say "item") instore in London.

2.  There was a long delay in delivery, and when the item was eventually delivered it was found to be damaged.

3.  They attempted a repair but (a) damaged the item further and also (b) damaged a baby changing mat of yours.

4.  At that point, because they had had one failed attempt at repair, you could have rejected the item for a full refund.

5.  They offered £100 compensation for the damaged changing mat, and also a replacement badge and zipper leather base for the item.

6.  You contacted them to say you were doubtful about having the item repaired to an "as new" standard

7.  They have contacted you again to confirm that the £100 payment is being processed and that they are going to provide you with a new replacement item, expected delivery September/October.

So, a couple of questions:

(a) Are you happy to have a replacement new item and have you actually agreed this with them already?

(b) If you are happy, are you happy with the expected delivery date?

(c)  Had you already told them that you wanted to reject it for a full refund because they had failed at their single permitted attempt to fix it?

(d)  Basically, what solution do you want?  Do you want to wait for a new replacement item, or do you want to try to reject it for a refund?

GloriaShaw85

Manxman_in_exile said:

So, to clarify:

1.  You bought a chair or sofa (let's say "item") instore in London.

2.  There was a long delay in delivery, and when the item was eventually delivered it was found to be damaged.

3.  They attempted a repair but (a) damaged the item further and also (b) damaged a baby changing mat of yours.

4.  At that point, because they had had one failed attempt at repair, you could have rejected the item for a full refund.

5.  They offered £100 compensation for the damaged changing mat, and also a replacement badge and zipper leather base for the item.

6.  You contacted them to say you were doubtful about having the item repaired to an "as new" standard

7.  They have contacted you again to confirm that the £100 payment is being processed and that they are going to provide you with a new replacement item, expected delivery September/October.

So, a couple of questions:

(a) Are you happy to have a replacement new item and have you actually agreed this with them already?

(b) If you are happy, are you happy with the expected delivery date?

(c)  Had you already told them that you wanted to reject it for a full refund because they had failed at their single permitted attempt to fix it?

(d)  Basically, what solution do you want?  Do you want to wait for a new replacement item, or do you want to try to reject it for a refund?

Correct! Your 7 points are spot on. 

Regarding your further q’s you had , 

If it is a brand new chair, then I suppose I’m happy- they’re going to give a brand new chair, which is what I want. I wanted that chair, and they seem to be sweet enough to completely replace it. And they’re not even asking for the chair back to repair and fraudulently give back to me  pretending it’s a new piece. They’re saying they’ll take the damaged one after the new one has arrived /been delivered. 

I had not asked for a full refund, as I was working towards having the item and exploring the revolutions they may be able to offer, thus wasn’t presented with an opportunity to reject and request a refund till recently. . As I am given a clearer ETA on the due date, I can prepare myself to be ready for then and not wait like an excited child that the item is due any moment. I was going to ask for a refund today, as Natuzzi hadn’t responded with a clear resolution till today’s email ie they somewhat resolved the issue before I was able to request the refund. 

I thought I’d let everyone know the update and options, and get advice if you think I’m making the right decision (:

Manxman_in_exile

If you are happy with their offer of a new chair, then I'd be inclined to take it.  So long as you are happy with the proposed delivery date and you will have the original chair to tide you over until the new replacement one arrives.  You might want to check with them that it is a new chair.

You might need to keep an eye on them to ensure they keep to the timetable.

If you want a refund you might have a drawn out argument with them over it, and once you get the refund you are back to square one.  You'll need to find another chair you want and you'll have to wait to get it delivered.

See what other people say, but it's up to you what you want to do.

GloriaShaw85

Manxman_in_exile said:

If you are happy with their offer of a new chair, then I'd be inclined to take it.  So long as you are happy with the proposed delivery date and you will have the original chair to tide you over until the new replacement one arrives.  You might want to check with them that it is a new chair.

You might need to keep an eye on them to ensure they keep to the timetable.

If you want a refund you might have a drawn out argument with them over it, and once you get the refund you are back to square one.  You'll need to find another chair you want and you'll have to wait to get it delivered.

See what other people say, but it's up to you what you want to do.

Thank you for the tip and advice on both scenarios (: taking them onboard