Looking for advice

luzak

Hi all! First, I want to thank you for accepting me to this group. I need your advice as I am fed up with the seller and the ongoing situation…...

I have ordered 4 windows for my house. They have been delivered (on 13.04) with multiple faults such as: scratches, glass panes, faulty open mechanisms, the sashes on the corners were uneven and a damaged seal. I have asked the seller for a replacement. So I contacted the seller for a replacement and only 3 windows have been collected on 29/04 and one has been left (with faults) for some reason….

Also, the replacements came faulty as well: the glass panes were the wrong size, there were scratches, both sashes on the corners were not aligned and there was sharp edge on each and every one of them…

Later on, the glass units and sashes have been delivered to me on 23/05 with no information about the 3 collected windows. The glass panes came shorter and with a few scratches…. The sashes came with cosmetic defects…

It was over one month waiting for a replacement so I asked the seller for a full refund.

In response I have got:

“Thank you for your reply, I can confirm however that we would not be in a position to refund the order once it has been manufactured without first being given a chance to rectify this for you as per our terms and conditions seen below.

“g) Should a defect occur with the goods due to an error on Our part, We will at Our discretion decide whether it is more economical to replace, repair or refund, at Our own cost. If We are not given a reasonable opportunity to rectify any defect, the purchaser will not be reimbursed should they choose to rectify the defect themselves or by enlisting a third party. We will not accept a return of any goods for minor blemishes and cosmetic defects.”

I can also confirm that we have the remaining windows here ready to be delivered on your return, once you let us know that you are ready to receive them.

We can assure you however that we remain committed to making sure that these windows are at an acceptable standard. As mentioned, we will be sending out an engineer to ensure that everything is right for you once you can complete and return the form seen in my earlier email.”

Under distance selling regulation is it the Unfair Contract Terms Act- controls attempts by the seller to avoid or restrict their liability or non-performance? Do I have to accept another replacement? Is it possible to do anything about it as I cannot wait another couple of weeks? It looks like I can get my money back via credit card protection but can the seller take me to court because of this?

I will be very grateful for any help or advice.