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

sheramber

GloriaShaw85 said:

What should I do? Ombudsman?

https://www.ombudsman-services.org/how-it-works/your-rights

Manxman_in_exile

tightauldgit said:

GloriaShaw85 said:

tightauldgit said:

GloriaShaw85 said:

Hello everyone. Just an update. Basically when I contacted Natuzzi, they offered to reimburse my baby’s damaged playmat. They also then said they would place another brand new order, which would be ready in October; they also suggested keeping the damaged chair and that it would be picked up when the new one comes to be assembled. 

Situation I’m at atm is the new chair has come, and the two men that came to assemble the chair damaged and scratched the emblem, so again it’s a damaged chair.

I wish I never gave them a chance and asked for the refund instead

can I still request a refund or am I stuck with this. It’s been 10-11 months waiting to get the chair since we placed the order and even now it’s still not in the condition it should be ):

Contact them, tell them the new chair is also damaged and tell them you reject it and now want a refund. Unless you would be happy to keep it and get a partial refund? You could propose that if you want to. 

tightauldgit said:

GloriaShaw85 said:

Hello everyone. Just an update. Basically when I contacted Natuzzi, they offered to reimburse my baby’s damaged playmat. They also then said they would place another brand new order, which would be ready in October; they also suggested keeping the damaged chair and that it would be picked up when the new one comes to be assembled. 

Situation I’m at atm is the new chair has come, and the two men that came to assemble the chair damaged and scratched the emblem, so again it’s a damaged chair.

I wish I never gave them a chance and asked for the refund instead

can I still request a refund or am I stuck with this. It’s been 10-11 months waiting to get the chair since we placed the order and even now it’s still not in the condition it should be ):

Contact them, tell them the new chair is also damaged and tell them you reject it and now want a refund. Unless you would be happy to keep it and get a partial refund? You could propose that if you want to. 

Can I still refer to the consumers rights act?

You can do but I tend not to quote the law at people until I've given them a chance to sort it out... 

They've already been given two chances over nearly a year to sort it and failed miserably...

Manxman_in_exile

Alderbank said:

GloriaShaw85 said:

I don’t want a broken or damaged product to be fixed - I want a product in the condition it should be ! Surely that isn’t expecting something unreasonable. 

It's a year old. If it is fixed then it is in the condition it should be. That's what I understand 'fixed' to mean.
If it can't be fixed then that is different. But expecting a brand new replacement would be unreasonable.

But does the OP want a replacement or do they want a full refund?

IIRC correctly the item was ordered in December 2021, delivered late in April and was damaged by the people delivering it.

The supplier then attempted a repair (in June?) which failed, and also damaged a baby changing mat belonging to the OP.

The supplier paid the OP £100 for the damaged changing mat and offered a replacement brand new chair.

The brand new replacement chair has now been delivered and is again damaged.

I think it's reasonable of the OP to claim a full refund as the supplier has had two chances to repair or replace  the item and have failed on both occasions.  The only reason this has stretched out over nearly a year is because the supplier was so late delivering the original chair and because delivery of the replacement chair has been delayed so long.  None of that is the OP's problem.

I'd want a full refund at this stage as the supplier never delivered an un-damaged item and the damage was clearly flagged up with them immediately.  The supplier also is clearly useless and I wouldn't want a replacement from them.

If my memory of the above sequence of events is wrong I'm sure the OP will correct me...

GloriaShaw85

Manxman_in_exile said:

Alderbank said:

GloriaShaw85 said:

I don’t want a broken or damaged product to be fixed - I want a product in the condition it should be ! Surely that isn’t expecting something unreasonable. 

It's a year old. If it is fixed then it is in the condition it should be. That's what I understand 'fixed' to mean.
If it can't be fixed then that is different. But expecting a brand new replacement would be unreasonable.

But does the OP want a replacement or do they want a full refund?

IIRC correctly the item was ordered in December 2021, delivered late in April and was damaged by the people delivering it.

The supplier then attempted a repair (in June?) which failed, and also damaged a baby changing mat belonging to the OP.

The supplier paid the OP £100 for the damaged changing mat and offered a replacement brand new chair.

The brand new replacement chair has now been delivered and is again damaged.

I think it's reasonable of the OP to claim a full refund as the supplier has had two chances to repair or replace  the item and have failed on both occasions.  The only reason this has stretched out over nearly a year is because the supplier was so late delivering the original chair and because delivery of the replacement chair has been delayed so long.  None of that is the OP's problem.

I'd want a full refund at this stage as the supplier never delivered an un-damaged item and the damage was clearly flagged up with them immediately.  The supplier also is clearly useless and I wouldn't want a replacement from them.

If my memory of the above sequence of events is wrong I'm sure the OP will correct me...

You are absolutely spot on and correct! Yes, that’s what has happened! Thank you! Thank you for concisely and eloquently summarising this and also for supporting me!

do you have advice on what my next steps should be? They’ve not responded to me since I stated I’d go to the ombudsman. I have a baby and am disabled so didn’t really want stuff added to my plate coz I’m always strapped for time because of my pain or attending to baby

Manxman_in_exile

Remind me:

1.  How much have you paid for the chair?

2.  How did you pay?  ie debit or credit card or other

3.  What outcome do you want?

      -  do you want to get rid of the chair and get a refund, or

      -  do you want them either to replace it or repair it, or

      -  do you want to keep it for a reduced price?

4.  did you buy from Natuzzi(?)?  They seem difficult to deal with   Consumer rights help on brand new sofa. — MoneySavingExpert Forum

GloriaShaw85

Manxman_in_exile said:

Remind me:

1.  How much have you paid for the chair?

2.  How did you pay?  ie debit or credit card or other

3.  What outcome do you want?

      -  do you want to get rid of the chair and get a refund, or

      -  do you want them either to replace it or repair it, or

      -  do you want to keep it for a reduced price?

4.  did you buy from Natuzzi(?)?  They seem difficult to deal with   Consumer rights help on brand new sofa. — MoneySavingExpert Forum

Hiya,

the answers are:

1)  not had a chance to look at the receipt but at the top of my head approx £3500-£4000;

2) I believe with our debit card;

3i want a refund and for the chair to go away - I now find it hideous with all the damage and delays that have happened and it’ll always remind me of the struggle and nuisance Natuzzi caused;

4) Yes, purchased directly with Natuzzi feom one of their showrooms. 

Thank you 🙏🏼 

GloriaShaw85

Manxman_in_exile said:

Remind me:

1.  How much have you paid for the chair?

2.  How did you pay?  ie debit or credit card or other

3.  What outcome do you want?

      -  do you want to get rid of the chair and get a refund, or

      -  do you want them either to replace it or repair it, or

      -  do you want to keep it for a reduced price?

4.  did you buy from Natuzzi(?)?  They seem difficult to deal with   Consumer rights help on brand new sofa. — MoneySavingExpert Forum

Oh no! Someone in August is having issues with them too?!?

GloriaShaw85

On 29/12/22 I sent them, and the Natuzzi ceo the following:

Hi,

Natuzzi have already been given ample opportunities to make this right - that’s enough now. It should have been delivered without fault on 02.05.22, but it wasn’t. Someone came on 18.05.22 to assess and rectify this, but instead caused further damage, and damage to our personal effects. Then Natuzzi tried a third time to make it right by delivering another piece on 02.11.22, but again, it was damaged. I do not want this piece to be “fixed,” anymore- it seems to be beyond Natuzzi UK’s ability to produce and deliver faultless pieces. That’s enough already. 

Natuzzi UK are using cheap and clueless delivery men, which is deeply saddening and infuriating, as we’re fans of Natuzzi, having furnished our homes abroad with various pieces. 

As a result, I am now exercising my legal right under the Consumer Rights Act 2015, Section 24 (a) and (c) to reject the chair, and request a full refund. 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. 

Kind regards,

Jenni_D

If you paid by CC then raise a Section 75 claim against your CC provider ... plus you also have the option to raise a claim (against both parties as co-defendants, as S75 makes the credit provider jointly and severally liable with the seller for the performance of the contract) in the County Court.

But S75 is probably your best first path if Natuzzi don't play ball.

Manxman_in_exile

@Jenni_D -  I think they paid by debit card.

Not sure if chargeback is an option with this sort of problem or not.

Not sure if Natuzzi are part of the ombudsman scheme either.  Somebody posted earlier on this thread that they weren't.  Dunno if that matters or not...