Help and advice needed please

zoesarahuk

Oh my God. Would you really do that?  That's so kind of you. I would prefer a full replacement but I'm not sure if I can afford more paint and the price of someone to paint them all for me.  I suppose if I could get a decent ish amount of money I could use it to get someone to finish the ones I have.  But honestly, thank you so much.  I can't believe you're ok with using your time to help me out. Wow.
Thank you Zoe 

the_lunatic_is_in_my_head

zoesarahuk said:

Oh my God. Would you really do that?  That's so kind of you. I would prefer a full replacement but I'm not sure if I can afford more paint and the price of someone to paint them all for me.  I suppose if I could get a decent ish amount of money I could use it to get someone to finish the ones I have.  But honestly, thank you so much.  I can't believe you're ok with using your time to help me out. Wow.
Thank you Zoe 

No problem at all  

I'm assuming it's this product:

https://www.buyshedsdirect.co.uk/forest-6-x-3-pressure-treated-slatted-trellis-panel

Before emailing grab a screenshot of the description from the page you ordered from in-case they change it! 

Their terms say if your first complaint isn't addressed you should send a second marked for the attention of "The Customer Service Manager" 

I would forward your order confirmation (to their info@ email) and add "FAO The Customer Service Manager" to the start of the subject header and write something along the lines of:

--------------------------------------------------------------------------------------

Dear Buy Sheds Direct 

In follow up to my previous message regarding order number xxxx placed on DATE, the website description states  the trellis is "Beautifully crafted from premium timber" and "Rounded off with a sumptuous smooth-planed finish".

As you can see from the attached photos the quality of the trellis is far from that of the description and instead looks as if it has been constructed from pallet wood rather than premium planed timber. 

Previously customer services had offered to replace the trellis but they have since withdrawn that offer. 

Section 11 of the Consumer Rights Act states:

https://www.legislation.gov.uk/ukpga/2015/15/section/11

Goods to be as described

(1)Every contract to supply goods by description is to be treated as including a term that the goods will match the description.

In the event the goods do not I as the consumer have the right to a repair or replacement. As I do not believe it to be practical for you to repair the trellis I wish to invoke my right to a replacement, assuming the replacement will be of the quality advertised and not a repeat of the same substandard quality as per the first panels.

I am happy to return the trellis I currently have at your expense, preferably by way of a collection organised by yourself, or can dispose of them if you don't not wish to have them returned. 

If you are unwilling to replace the trellis, or unable to guarantee the quality of a replacement, then I wish to exercise my right to a price reduction under Section 24:

https://www.legislation.gov.uk/ukpga/2015/15/section/24

Right to price reduction or final right to reject(1)The right to a price reduction is the right—(a)to require the trader to reduce by an appropriate amount the price the consumer is required to pay under the contract, or anything else the consumer is required to transfer under the contract, and

(5)A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—

(c)the consumer has required the trader to repair or replace the goods, but the trader is in breach of the requirement of section 23(2)(a) to do so within a reasonable time and without significant inconvenience to the consumer.

and seek an amount of £x to reflect the actual quality in comparison to that the trellis was described as. 

Thank you in advance for your prompt attention to my request and I hope we can resolve this matter amicably. 

Sincerely
Zoe

--------------------------------------------------------------------------------------------

A few of things I would note, they wouldn't be responsible for the cost of them being painted (if anything I think the person who painted them should not have done so but rather should have told you to return them).

A lot of people assume that painting something will hide imperfections but it in fact does the opposite and highlights every little thing that's out of place, particularly with white paint (although I'm unsure if that's undercoat or the final desired colour). Equally the shinier the finish the more it will highlight imperfections so a gloss will highlight imperfections more than matt. 

There's a lot of different wood finishes out there that will highlight the natural grain of the wood and create a much more attractive finish than painting (of course simply a personal preference of mine).  

Given how poorly that trellis has been put together and the fact that the wood doesn't appear to be planned all round (I'm questioning whether it was planned on the face but it certainly doesn't appear to have been planned on the edges) I have a feeling that a replacement may end up being pretty much the same and personally I would reject the trellis and seek a full refund.

Lastly there is also a question a price, something like this:

https://www.ruby-group.co.uk/products/double-sided-planed-cedar-slatted-panel-horizontal?variant=39511052812351

would be premium quality but 1.80 x 0.90m is £279.99 vs the £34.99 price in the link for the same size. That's no excuse for them delivering such poor quality goods but you might find it hard to get premium quality without a higher price (Ruby UK appear very expensive these days, maybe not the best comparison but their planned timber pickets we had from them 5 years ago are very nice indeed). 

If you decide to reject rather than ask for some money back the below covers this instead of a price reduction. 

--------------------------------------------------------------------------------------------------------------------

Dear Buy Sheds Direct 

In follow up to my previous message regarding order number xxxx placed on DATE, the website description states  the trellis is "Beautifully crafted from premium timber" and "Rounded off with a sumptuous smooth-planed finish".

As you can see from the attached photos the quality of the trellis is far from that of the description and instead looks as if it has been constructed from pallet wood rather than premium planed timber. 

Previously customer services had offered to replace the trellis but they have since withdrawn that offer. 

Section 11 of the Consumer Rights Act states:

https://www.legislation.gov.uk/ukpga/2015/15/section/11

Goods to be as described

(1)Every contract to supply goods by description is to be treated as including a term that the goods will match the description.

In the event the goods do not I as the consumer have the right to a repair or replacement. As I do not believe it to be practical for you to repair the trellis I wish to invoke my right to a replacement, assuming the replacement will be of the quality advertised and not a repeat of the same substandard quality as per the first panels.

I am happy to return the trellis I currently have at your expense, preferably by way of a collection organised by yourself, or can dispose of them if you don't not wish to have them returned. 

If you are unwilling to replace the trellis, or unable to guarantee the quality of a replacement, then I wish to exercise my final right to reject under Section 24:

https://www.legislation.gov.uk/ukpga/2015/15/section/24

Right to price reduction or final right to reject
(5)A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—

(c)the consumer has required the trader to repair or replace the goods, but the trader is in breach of the requirement of section 23(2)(a) to do so within a reasonable time and without significant inconvenience to the consumer.

and return the goods at your expense for a full refund. 

Thank you in advance for your prompt attention to my request and I hope we can resolve this matter amicably. 

Sincerely
Zoe

-------------------------------------------------------------------------

If you need more advice pop back or if you get a result and have time to let us know it's always interesting to hear how these things turn out  

eskbanker

the_lunatic_is_in_my_head said:
...I wish to evoke my right to a replacement...

Apologies if it seems churlish in the context of such a comprehensive post, but shouldn't that be 'invoke'?

the_lunatic_is_in_my_head

eskbanker said:

the_lunatic_is_in_my_head said:
...I wish to evoke my right to a replacement...

Apologies if it seems churlish in the context of such a comprehensive post, but shouldn't that be 'invoke'?

No not at all Better to point it out than OP send a message with my mistake in. 

zoesarahuk

the_lunatic_is_in_my_head said:

zoesarahuk said:

Oh my God. Would you really do that?  That's so kind of you. I would prefer a full replacement but I'm not sure if I can afford more paint and the price of someone to paint them all for me.  I suppose if I could get a decent ish amount of money I could use it to get someone to finish the ones I have.  But honestly, thank you so much.  I can't believe you're ok with using your time to help me out. Wow.
Thank you Zoe 

No problem at all  

I'm assuming it's this product:

https://www.buyshedsdirect.co.uk/forest-6-x-3-pressure-treated-slatted-trellis-panel

Before emailing grab a screenshot of the description from the page you ordered from in-case they change it! 

Their terms say if your first complaint isn't addressed you should send a second marked for the attention of "The Customer Service Manager" 

I would forward your order confirmation (to their info@ email) and add "FAO The Customer Service Manager" to the start of the subject header and write something along the lines of:

--------------------------------------------------------------------------------------

Dear Buy Sheds Direct 

In follow up to my previous message regarding order number xxxx placed on DATE, the website description states  the trellis is "Beautifully crafted from premium timber" and "Rounded off with a sumptuous smooth-planed finish".

As you can see from the attached photos the quality of the trellis is far from that of the description and instead looks as if it has been constructed from pallet wood rather than premium planed timber. 

Previously customer services had offered to replace the trellis but they have since withdrawn that offer. 

Section 11 of the Consumer Rights Act states:

https://www.legislation.gov.uk/ukpga/2015/15/section/11

Goods to be as described

(1)Every contract to supply goods by description is to be treated as including a term that the goods will match the description.

In the event the goods do not I as the consumer have the right to a repair or replacement. As I do not believe it to be practical for you to repair the trellis I wish to invoke my right to a replacement, assuming the replacement will be of the quality advertised and not a repeat of the same substandard quality as per the first panels.

I am happy to return the trellis I currently have at your expense, preferably by way of a collection organised by yourself, or can dispose of them if you don't not wish to have them returned. 

If you are unwilling to replace the trellis, or unable to guarantee the quality of a replacement, then I wish to exercise my right to a price reduction under Section 24:

https://www.legislation.gov.uk/ukpga/2015/15/section/24

Right to price reduction or final right to reject

(1)The right to a price reduction is the right—

(a)to require the trader to reduce by an appropriate amount the price the consumer is required to pay under the contract, or anything else the consumer is required to transfer under the contract, and

(5)A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—

(c)the consumer has required the trader to repair or replace the goods, but the trader is in breach of the requirement of section 23(2)(a) to do so within a reasonable time and without significant inconvenience to the consumer.

and seek an amount of £x to reflect the actual quality in comparison to that the trellis was described as. 

Thank you in advance for your prompt attention to my request and I hope we can resolve this matter amicably. 

Sincerely
Zoe

--------------------------------------------------------------------------------------------

A few of things I would note, they wouldn't be responsible for the cost of them being painted (if anything I think the person who painted them should not have done so but rather should have told you to return them).

A lot of people assume that painting something will hide imperfections but it in fact does the opposite and highlights every little thing that's out of place, particularly with white paint (although I'm unsure if that's undercoat or the final desired colour). Equally the shinier the finish the more it will highlight imperfections so a gloss will highlight imperfections more than matt. 

There's a lot of different wood finishes out there that will highlight the natural grain of the wood and create a much more attractive finish than painting (of course simply a personal preference of mine).  

Given how poorly that trellis has been put together and the fact that the wood doesn't appear to be planned all round (I'm questioning whether it was planned on the face but it certainly doesn't appear to have been planned on the edges) I have a feeling that a replacement may end up being pretty much the same and personally I would reject the trellis and seek a full refund.

Lastly there is also a question a price, something like this:

https://www.ruby-group.co.uk/products/double-sided-planed-cedar-slatted-panel-horizontal?variant=39511052812351

would be premium quality but 1.80 x 0.90m is £279.99 vs the £34.99 price in the link for the same size. That's no excuse for them delivering such poor quality goods but you might find it hard to get premium quality without a higher price (Ruby UK appear very expensive these days, maybe not the best comparison but their planned timber pickets we had from them 5 years ago are very nice indeed). 

If you decide to reject rather than ask for some money back the below covers this instead of a price reduction. 

--------------------------------------------------------------------------------------------------------------------

Dear Buy Sheds Direct 

In follow up to my previous message regarding order number xxxx placed on DATE, the website description states  the trellis is "Beautifully crafted from premium timber" and "Rounded off with a sumptuous smooth-planed finish".

As you can see from the attached photos the quality of the trellis is far from that of the description and instead looks as if it has been constructed from pallet wood rather than premium planed timber. 

Previously customer services had offered to replace the trellis but they have since withdrawn that offer. 

Section 11 of the Consumer Rights Act states:

https://www.legislation.gov.uk/ukpga/2015/15/section/11

Goods to be as described

(1)Every contract to supply goods by description is to be treated as including a term that the goods will match the description.

In the event the goods do not I as the consumer have the right to a repair or replacement. As I do not believe it to be practical for you to repair the trellis I wish to invoke my right to a replacement, assuming the replacement will be of the quality advertised and not a repeat of the same substandard quality as per the first panels.

I am happy to return the trellis I currently have at your expense, preferably by way of a collection organised by yourself, or can dispose of them if you don't not wish to have them returned. 

If you are unwilling to replace the trellis, or unable to guarantee the quality of a replacement, then I wish to exercise my final right to reject under Section 24:

https://www.legislation.gov.uk/ukpga/2015/15/section/24

Right to price reduction or final right to reject

(5)A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—

(c)the consumer has required the trader to repair or replace the goods, but the trader is in breach of the requirement of section 23(2)(a) to do so within a reasonable time and without significant inconvenience to the consumer.

and return the goods at your expense for a full refund. 

Thank you in advance for your prompt attention to my request and I hope we can resolve this matter amicably. 

Sincerely
Zoe

-------------------------------------------------------------------------

If you need more advice pop back or if you get a result and have time to let us know it's always interesting to hear how these things turn out  

Hi
This is all amazing, thank you so much.  I've sent an email to ask for the Customer Services Manager. As soon as I receive that, I'll send them your wonderful email.  I'll let you know as soon as I get a response.
Thanks again.👍
Zoe 

PHK

Their procedure is to send through complaint marked for the attention of the Customer Service Manager.

So you don't need the managers email. But clearly put in the subject line Second Complaint FAO The Customer Service Manager. Also print out a copy and send by post clearly marked and with a certificate of posting or use Signed For.

the_lunatic_is_in_my_head

PHK said:

Their procedure is to send through complaint marked for the attention of the Customer Service Manager.

So you don't need the managers email. But clearly put in the subject line Second Complaint FAO The Customer Service Manager. Also print out a copy and send by post clearly marked and with a certificate of posting or use Signed For.

No need for a letter sent by post at this stage really IMO, but yes to the part in bold  

PHK

the_lunatic_is_in_my_head said:

PHK said:

Their procedure is to send through complaint marked for the attention of the Customer Service Manager.

So you don't need the managers email. But clearly put in the subject line Second Complaint FAO The Customer Service Manager. Also print out a copy and send by post clearly marked and with a certificate of posting or use Signed For.

No need for a letter sent by post at this stage really IMO, but yes to the part in bold  

The reason for post is that the company could argue the email went to a spam folder.

zoesarahuk

PHK said:

Their procedure is to send through complaint marked for the attention of the Customer Service Manager.

So you don't need the managers email. But clearly put in the subject line Second Complaint FAO The Customer Service Manager. Also print out a copy and send by post clearly marked and with a certificate of posting or use Signed For.

Hi

I've received an email back.  The man I've been speaking to from the start said he will forward the email but that she's away til Monday.  He also said that he wasn't allowed to gives me her surname??  The reason I would have preferred to send it directly to the CSM is so I wouldn't have to rely on someone else for it to actually arrive in her inbox.  Fingers crossed I get a response fairly quickly.
Thanks Zoe 😀

zoesarahuk

the_lunatic_is_in_my_head said:

zoesarahuk said:

Oh my God. Would you really do that?  That's so kind of you. I would prefer a full replacement but I'm not sure if I can afford more paint and the price of someone to paint them all for me.  I suppose if I could get a decent ish amount of money I could use it to get someone to finish the ones I have.  But honestly, thank you so much.  I can't believe you're ok with using your time to help me out. Wow.
Thank you Zoe 

No problem at all  

I'm assuming it's this product:

https://www.buyshedsdirect.co.uk/forest-6-x-3-pressure-treated-slatted-trellis-panel

Before emailing grab a screenshot of the description from the page you ordered from in-case they change it! 

Their terms say if your first complaint isn't addressed you should send a second marked for the attention of "The Customer Service Manager" 

I would forward your order confirmation (to their info@ email) and add "FAO The Customer Service Manager" to the start of the subject header and write something along the lines of:

--------------------------------------------------------------------------------------

Dear Buy Sheds Direct 

In follow up to my previous message regarding order number xxxx placed on DATE, the website description states  the trellis is "Beautifully crafted from premium timber" and "Rounded off with a sumptuous smooth-planed finish".

As you can see from the attached photos the quality of the trellis is far from that of the description and instead looks as if it has been constructed from pallet wood rather than premium planed timber. 

Previously customer services had offered to replace the trellis but they have since withdrawn that offer. 

Section 11 of the Consumer Rights Act states:

https://www.legislation.gov.uk/ukpga/2015/15/section/11

Goods to be as described

(1)Every contract to supply goods by description is to be treated as including a term that the goods will match the description.

In the event the goods do not I as the consumer have the right to a repair or replacement. As I do not believe it to be practical for you to repair the trellis I wish to invoke my right to a replacement, assuming the replacement will be of the quality advertised and not a repeat of the same substandard quality as per the first panels.

I am happy to return the trellis I currently have at your expense, preferably by way of a collection organised by yourself, or can dispose of them if you don't not wish to have them returned. 

If you are unwilling to replace the trellis, or unable to guarantee the quality of a replacement, then I wish to exercise my right to a price reduction under Section 24:

https://www.legislation.gov.uk/ukpga/2015/15/section/24

Right to price reduction or final right to reject

(1)The right to a price reduction is the right—

(a)to require the trader to reduce by an appropriate amount the price the consumer is required to pay under the contract, or anything else the consumer is required to transfer under the contract, and

(5)A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—

(c)the consumer has required the trader to repair or replace the goods, but the trader is in breach of the requirement of section 23(2)(a) to do so within a reasonable time and without significant inconvenience to the consumer.

and seek an amount of £x to reflect the actual quality in comparison to that the trellis was described as. 

Thank you in advance for your prompt attention to my request and I hope we can resolve this matter amicably. 

Sincerely
Zoe

--------------------------------------------------------------------------------------------

A few of things I would note, they wouldn't be responsible for the cost of them being painted (if anything I think the person who painted them should not have done so but rather should have told you to return them).

A lot of people assume that painting something will hide imperfections but it in fact does the opposite and highlights every little thing that's out of place, particularly with white paint (although I'm unsure if that's undercoat or the final desired colour). Equally the shinier the finish the more it will highlight imperfections so a gloss will highlight imperfections more than matt. 

There's a lot of different wood finishes out there that will highlight the natural grain of the wood and create a much more attractive finish than painting (of course simply a personal preference of mine).  

Given how poorly that trellis has been put together and the fact that the wood doesn't appear to be planned all round (I'm questioning whether it was planned on the face but it certainly doesn't appear to have been planned on the edges) I have a feeling that a replacement may end up being pretty much the same and personally I would reject the trellis and seek a full refund.

Lastly there is also a question a price, something like this:

https://www.ruby-group.co.uk/products/double-sided-planed-cedar-slatted-panel-horizontal?variant=39511052812351

would be premium quality but 1.80 x 0.90m is £279.99 vs the £34.99 price in the link for the same size. That's no excuse for them delivering such poor quality goods but you might find it hard to get premium quality without a higher price (Ruby UK appear very expensive these days, maybe not the best comparison but their planned timber pickets we had from them 5 years ago are very nice indeed). 

If you decide to reject rather than ask for some money back the below covers this instead of a price reduction. 

--------------------------------------------------------------------------------------------------------------------

Dear Buy Sheds Direct 

In follow up to my previous message regarding order number xxxx placed on DATE, the website description states  the trellis is "Beautifully crafted from premium timber" and "Rounded off with a sumptuous smooth-planed finish".

As you can see from the attached photos the quality of the trellis is far from that of the description and instead looks as if it has been constructed from pallet wood rather than premium planed timber. 

Previously customer services had offered to replace the trellis but they have since withdrawn that offer. 

Section 11 of the Consumer Rights Act states:

https://www.legislation.gov.uk/ukpga/2015/15/section/11

Goods to be as described

(1)Every contract to supply goods by description is to be treated as including a term that the goods will match the description.

In the event the goods do not I as the consumer have the right to a repair or replacement. As I do not believe it to be practical for you to repair the trellis I wish to invoke my right to a replacement, assuming the replacement will be of the quality advertised and not a repeat of the same substandard quality as per the first panels.

I am happy to return the trellis I currently have at your expense, preferably by way of a collection organised by yourself, or can dispose of them if you don't not wish to have them returned. 

If you are unwilling to replace the trellis, or unable to guarantee the quality of a replacement, then I wish to exercise my final right to reject under Section 24:

https://www.legislation.gov.uk/ukpga/2015/15/section/24

Right to price reduction or final right to reject

(5)A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—

(c)the consumer has required the trader to repair or replace the goods, but the trader is in breach of the requirement of section 23(2)(a) to do so within a reasonable time and without significant inconvenience to the consumer.

and return the goods at your expense for a full refund. 

Thank you in advance for your prompt attention to my request and I hope we can resolve this matter amicably. 

Sincerely
Zoe

-------------------------------------------------------------------------

If you need more advice pop back or if you get a result and have time to let us know it's always interesting to hear how these things turn out  

Hi

Just to let you know that I haven't heard anything back yet, not even a confirmation.  I'll update on here if or when they reply 

Thanks again 👍
Zoe