Do consumers have right to a replacement?

charlotteh96

Hi,

I ordered an outdoor sofa in late March (paid £579.99). It was delivered on 11th April and we got around to unpackaging and building it on 14th April. We fonud that one of the metal support bars was bowed and the rattan strips were broken. I contacted the company straight away and they replied promptly advising me that a replacement part could be sent out to us. I took this to mean that we could use the sofa in the meantime and get rid of the packaging it came in.

Unfortunately, 9 days later they contacted us again to say they couldn't in fact provide replacement parts, and could only offer a partial refund of £150 if we were to keep the sofa as is, or a full refund if we were to return it in the original packaging, and "once the item is received this will then be investigated by our returns team" - so it doesn't even sound like a guarantee that we would get a full refund if we went to the effort to return it.

When I contacted them to say that in the 9 days between their initial message and the second one saying we couldn't have a replacement part, we had got rid of the packaging, we were advised we would need to go out and buy new packaging ourselves, at our expense. They also insisted that if we wanted to arrange a collection for a full refund, it would need to be on a weekday and someone would have to be in all day as they couldn't guarantee a time; our household comprises a vet and a teacher so neither of us are in during the week - and I feel like we shouldn't have to bend over backwards taking time off in order to rectify an issue which is no fault of our own.

I've asked multiple times about a total replacement instead of the above option but this request has been ignored. This may be something to do with the fact that the online price of the item has now gone up to £699.99 so it is in their interest for us to return it and then buy it again rather than just get a replacement.

Just wondering what our rights are here? Are they obligated to provide a replacement or only a refund? Should they at least provide replacement packaging so we can get it back to them for a full refund? I don't feel that a 25% refund is sufficient given that the rattan seat has already started sagging after a couple of uses due to the broken strips, and I'm not convinced the bowed metal bar is going to last very long. I'm also concerned that because we've "used" it a few times (taken tags off cushions, it's been outside for a month - under a cover). Should I make a formal complaint? Not sure how far to take it but it just feels like we've been treated rather unfairly thus far. 

Not to mention the additional effort/time of dismantling it & potentially re-building adds to any already frustrating situation (the first one took hours to build) but could accept this as long as a fairer solution was offered.

Any advice would be massively appreciated.

Thanks,
Charlotte

charlotteh96

*sorry that was meant to say - I'm concerned that because we've used it a few times that they may refuse the full refund after they've received the item.

Newbie so can't edit posts yet!

Thrugelmir

charlotteh96 said:

I don't feel that a 25% refund is sufficient given that the rattan seat has already started sagging after a couple of uses due to the broken strips, 

You've being using sofa despite it being broken. 

Aylesbury_Duck

They're not obliged to provide a replacement, but neither can they insist you return it in all of its original packaging, since it was faulty.  Given your reservations about the quality of it, would you want a replacement anyway?

You do have an obligation to work with them to ensure the return of the item, though.  It's a pain, but taking a day off or asking someone to house-sit is perhaps an option?  They don't have to refund if you can't return the item.

If it were me, I'd be finding a way to get it collected and then deal with any fallout.

charlotteh96

Thrugelmir said:

charlotteh96 said:

I don't feel that a 25% refund is sufficient given that the rattan seat has already started sagging after a couple of uses due to the broken strips, 

You've being using sofa despite it being broken. 

We only started using it when they said they would be sending out a replacement part - they said nothing about needing to return the faulty part so we assumed it would just be going to the dump when the replacement part came.  

MalMonroe

Hi, yes you do have rights under the Consumer Rights Act 2015

Click on the following link to see a very helpful article from this site -

https://www.moneysavingexpert.com/reclaim/consumer-rights-refunds-exchange/

and scroll down to 'something faulty? You can get a full refund ......'

Everything we buy has to be 'fit for purpose' (see article in link) and if it's not, we can claim a refund, repair, replacement.

An outdoor sofa would be expected to last for more than a couple of months. It really doesn't matter whether you have assembled it and used it or not. You DO have rights.

As in the article in the link above, you have to say to the retailer something like 'under the Consumer rights act 2015 I am entitled to ... ' (check what you are entitled to and say that.)

Please do make an official complaint and ask them to come and collect the damaged article. 

In the link below for Citizens advice, they give you a sample complaint letter. 

https://www.citizensadvice.org.uk/resources-and-tools/search-navigation-tools/Search/?q=consumer+rights+faulty+goods&c=SERP-PUBLIC

PS You should still be able to edit posts - go to the top right hand corner of your post and click the 'settings' (looks like a cog) button. . . 

born_again

Aylesbury_Duck said:

They're not obliged to provide a replacement, but neither can they insist you return it in all of its original packaging, since it was faulty.  Given your reservations about the quality of it, would you want a replacement anyway?

You do have an obligation to work with them to ensure the return of the item, though.  It's a pain, but taking a day off or asking someone to house-sit is perhaps an option?  They don't have to refund if you can't return the item.

If it were me, I'd be finding a way to get it collected and then deal with any fallout.

From OP
>>we were advised we would need to go out and buy new packaging ourselves, at our expense. <<

So looks like that was covered. As clearly you can't just send it back without any packaging.

Pointless saying anything about above post... Never comeback 🤦‍♀️

the_lunatic_is_in_my_head

OP the company aren’t really correct, when there is a problem with the goods the trader has an obligation to repair them or replace.

You can’t force them if it’s impossible or too expensive and would then have the right to reject for refund or the right to a price reduction.

If the trader can replace or replace but fail to honour their obligations then we go back to the above paragraph so it is always worth reminding them they have that obligation to repair/replace and that you don’t want a refund.

Regarding packing, it’s unenforceable, they should collect the goods if they offer to do so as part of the terms and refund you within 14 days of agreeing a refund is due.

Given they made an offer of a remedy it should be fair to say they accepted the goods had an issue and as such if they do continue to refuse to repair/replace advise you’ll be seeking to recover your loses via small claims if they fail to refund as required and if they want the goods packaged a certain way they are welcome to do so at their expense when they collect. 

Be firm and complain higher if needed (you can Google CEO email and find contact details for many big companies here which will put you in touch with a higher level of customer facing staff).

pinkshoes

They offered a replacement part, which you accepted and therefore quite rightfully disposed of the packaging.

They have now said that they CANNOT send a replacement part, so will refund when it is returned.

They are WRONG about the packaging. Write to them and ask them to send some packaging and organise a date for pick up. You do NOT have to pay for the packaging. Point out that it was disposed of because they said they would be providing a replacement part, and therefore there was no need to retain the packaging.