Garden Furniture Set - Table Issue - Help!

hattyuk9

Hi there, thanks in advance for the help.

We purchased garden furniture set in Feb 2021 for delivery April 2021. Unfortunately the glass tabletop was smashed into many pieces.  The chairs that come with the set are fine.  It was sold as one item (chairs + table).

We contacted the company we ordered from, who were helpful and looked into sourcing replacement glass. At the end of May 2021, we were told they wouldn't be able to send the replacement until Sep/Oct 2021, and that in the meantime they'd arrange a temporary glass replacement for delivery 3-4 weeks later. Given service seemed good at that time and it was only a 3 week wait, we accepted.

At the end of June, they advised they were no longer able to provide a temporary replacement. They offered either a collection and refund, or a 20% discount. After consideration, we said we'd opt for the discount but enquired if there were issues further down the line whether we could still get a full refund. They ignored the question and asked for my details for the 20% refund, which I didn't provide  given I didn't feel comfortable committing to the position given no guarantee of what would happen in the futue.

In Sep 2021, they advised me the replacement glass will now not be delivered until March/April 2022.  I asked for a full refund instead and they advised that as I accepted the 20% discount and time elapsed they cannot refund me now.  I decided to wait to see what would happen in March/April.

On 11 Mar 2022, I was advised replacement glass was now in the country and that delivery would be within 15 working days.  I chased on 3 Apr 2022, and received a response on 25 Apr 2022 to advise I should be contacted for delivery imminently and asking again for bank details for the 20% refund.  It's now almost a month later and have had no contact regarding delivery or from the company.

Questions:

• What are my rights to ask for a full refund?  Does my indicatively accepting the 20% discount preclude me from a full refund?
• Can I claim via my credit card company via Section 75 or has too much time lapsed?  (I paid on my CC).

I am really fed up with the whole process having had an unusable furniture set now for over 12 months and just want to get this resolved ideally by getting a refund in full.

hattyuk9

Giving this a bump - any advice gratefully received as really not sure what my options are.  Thanks in advance.

TLDR:  Purchased garden furniture set Feb-21, glass tabletop arrived smashed.  Received constant promises of replacement which has yet to arrive 15 months later.  Previously offered and conditionally accepted 20% discount (but not yet received).  Now not sure if I have any options to receive a full refund either from company of via Section 75.  

the_lunatic_is_in_my_head

Generally when you raise an issue within the first 6 months and aren't exercising your short term right to reject (by demanding a refund) it is taken the goods didn't conform (i.e there was a problem with the goods for the trader to sort out).

The trader should repair or replace the goods, if they fail to do so then you have the right to a price reduction or final right to reject for a refund.

So you can now demand a refund but there is an issue, based on the date of exercising this right, after 6 months the refund can be reduced to account for ownership.

You could also demand a price reduction to cover the cost of replacing the glass.

I would hope common sense would apply in that you haven't been able to actually use the table, although you could have used the chairs so perhaps a deduction would be considered fairly if it got to the point of going via of small claims.

Best bet is to write to the company by sending a letter before action (templates on Google) requesting either a replacement, a price reduction (if desired) or a full refund within x days. 

If this doesn't get a result you can look at small claims but may wish to adjust your claim slightly to allow for protentional ownership of at least the chairs if looking at rejecting rather than a price reduction. Whilst I understand they are a package acting reasonably is likely to be viewed favourable. All that said the company would be foolish to let the situation get to small claims IMHO.