New oak furniture - woodworm and exchange

nwconfused

Hello

We purchased an oak TV unit from an online retailer in August 2024. 

Since then we have noticed holes/frass on the surface, which suggests some form of beetle/pest infestation. 

The damage was noticed more than 30 days after purchase. We can only see evidence of damage on this newly purchased item, none of our other furniture is affected. 

We have gone back to the retailer stating that the under the Consumer Rights Act 2015, goods purchased must be of satisfactory quality, fit for purpose, and as described. 

They are claiming that "timber at the factory is treated with insecticide before manufacture and within the outer packaging before they are packed and shipped. Because wood beetles are airborne, they can still lay eggs within the product after the item is opened up in your home and because of this and the length of time that has passed since ordering, we cannot claim for this unfortunately".

Upon escalation, they said: "As it's beyond our 30 day returns policy in the terms and conditions (the box you needed to tick at the checkout to accept these) I've re-consulted our supplier and they would be willing to exchange the unit however, the problem we face is that our delivery agent will not accept any item not in the "original" packaging so you would need to exchange this unit using your own vehicle and by appointment." 

Our understanding of the Consumer Rights Act 2015 is that any repair or replacement must be done within a reasonable timeframe and at no additional cost to the consumer.  We are unable to take the item to the supplier ourselves, and are unwilling to pay for a collection/delivery service. 

Would anyone know our rights in this situation, or how to best to progress?  

Ergates

Firstly - suggest you get that well away from any other wood in your house, asap.

Secondly - if you speak to a wood-worm expert (probably an extermination company?) or do some googling, you should be able to find out how long it takes between the initial "infection" and visible signs like the ones you're seeing.    That should help you prove (or not) if the infestation happened before (or after) delivery.

the_lunatic_is_in_my_head

Hello OP

My understanding is, those holes are from the beetles leaving the wood not entering, if you received it in August I don't believe it's possible for it to become infected in your home and beetles reach the age where they leave the wood in just 3 months.

Woodworm likes damp timber, the rest of your furniture, etc should be ok if your house isn't damp.

@Freebear might have more info for you on wood worm.

Their 30 day policy is nonsense. Goods must be of satisfactory quality, I don't think anyone is going to suggest wooden furniture with beetles in meets this requirement. 

You are indeed entitled to a repair or replacement, at the retailer's cost and if they refuse a full refund (within 6 months) and them covering the cost of return/collection. 

Who did you buy from OP and how did you pay (credit card, debit card, some kind of finance), I assume over £100? 

nwconfused

Thanks - was bought from the Pine and Oak Shop and purchased via debit card (purchase was ~£350).

We've currently got it tightly wrapped in plastic sheeting... 

the_lunatic_is_in_my_head

nwconfused said:

Thanks - was bought from the Pine and Oak Shop and purchased via debit card (purchase was ~£350).

We've currently got it tightly wrapped in plastic sheeting... 

As a fair sized company with stores it might be worth sending an email to state that the unit is not of satisfactory quality as required under Section 9 of the Consumer Rights Act and you are seeking a replacement or repair as per Section 23 and as per paragraph (2) this must be done without significant inconvenience and they must bear the costs of carrying either out, if they fail to arrange collection of the item at their cost and provide a repair/replacement you will exercise the final right to reject for a full refund as per Section 24 and they will be required to refund within 14 days and collect the goods any way. .

Whilst noting that Section 31 details Liability that cannot be excluded or restricted making their 30 day policy on their website irrelevant to the situation. 

If they fail to address the matter you can send a letter before action (ask them to which address it should go, templates on Google) which only costs a stamp and if that fails it's small claims but if they have any sense they'll fold before it gets that far. 

Their terms on their website are terrible, really poor, might be a bit of fight but hopefully if you (politely) annoy them enough they'll sort it out.