Advice re consumer rights being ignored and small claims

Ren_evercalm

Hi everyone 
I really need some advice and a sense check. I bought a lovely £900 rattan garden furniture set in 2022, it has been stored inside a dry airy garage from
Sep-May each year, so used only over summer in 2022/23/24. Three short summers. This year I got it out in May and the rattan under the glass table top is starting to split and fail in numerous places. Given the light use, proper care and price, I don’t think this is lasting a reasonable amount of time. I have contacted them and they couldn’t be less interested, replied to my initial email saying there’s nothing they can do as it’s out of warranty. I escalated with a more formal letter to the managing director quoting the sale of goods act and have basically been stonewalled ever since. I’m gutted as this was an investment purchase and it’s basically falling to pieces. They haven’t even offfered to send some rattan to try and patch it up, they’ve literally washed their hands of it. 

What would you do next? Pursue and threaten small claims? Buy some rattan strips and attend a patch up on the expensive table? Do nothing and accept this poor outcome? I know it sounds silly but I’m so upset by their complete lack of giving a stuff, £900 is a lot of money to me and I genuinely would expect it to last longer. Is this unreasonable?

TadleyBaggie

Who have you contacted, the retailer or the manufacturer? Your consumer rights are only with the retailer.

Ren_evercalm

The manufacturer- I assumed after the period of time that has passed it would be them. I can go to the retailer, thank you. What would be reasonable to expect do you think?

Isthisforreal99

Ren_evercalm said:

The manufacturer- I assumed after the period of time that has passed it would be them. I can go to the retailer, thank you. What would be reasonable to expect do you think?

You have no Consumer Rights with the manufacturer but the retailer.

You know need to have that conversation with the retailer. How long should £900 garden furniture last? I would never describe anything used outdoors as an investment but probably more than 3 years. See what the retailer says but options include repair, replacement or partial refund. Is it only the table that is an issue?

Depending on the size of the furniture £900 could be on the cheap to mid-range. I'm amazed at some of the prices in garden centres etc.

Undervalued

Ren_evercalm said:

Hi everyone 
I really need some advice and a sense check. I bought a lovely £900 rattan garden furniture set in 2022, it has been stored inside a dry airy garage from
Sep-May each year, so used only over summer in 2022/23/24. Three short summers. This year I got it out in May and the rattan under the glass table top is starting to split and fail in numerous places. Given the light use, proper care and price, I don’t think this is lasting a reasonable amount of time. I have contacted them and they couldn’t be less interested, replied to my initial email saying there’s nothing they can do as it’s out of warranty. I escalated with a more formal letter to the managing director quoting the sale of goods act and have basically been stonewalled ever since. I’m gutted as this was an investment purchase and it’s basically falling to pieces. They haven’t even offfered to send some rattan to try and patch it up, they’ve literally washed their hands of it. 

What would you do next? Pursue and threaten small claims? Buy some rattan strips and attend a patch up on the expensive table? Do nothing and accept this poor outcome? I know it sounds silly but I’m so upset by their complete lack of giving a stuff, £900 is a lot of money to me and I genuinely would expect it to last longer. Is this unreasonable?

Before "asserting" what you believe to be your rights it is wise to ensure that you correctly understand them! 

As others have pointed out your basic consumer rights are against the seller, not the manufacturer. If there is also a manufacturer's warranty (there doesn't have to be) then and only then do you have a direct claim against the maker and that would be strictly limited to the terms and conditions on which it was offered.

As far as any claim against the retailer is concerned, given that you have had the item for more than six months the onus would be on you to show that there was an inherent defect in the product. Normally this involves an independent report from a suitably experienced and / or qualified person. The cost of such a report, if it is in your favour, can be added to your claim. If the expected life of the product is, say six, years and you have had if for three years then any refund would normally be pro rata so perhaps half the purchase price.

powerful_Rogue

Remember if it's a glass top on the table, sunlight when you have it out in the summer will have an affect on the rattan underneath.

GDB2222

It’s necessary to get an expert opinion to make a case out, but I don’t know what sort of expert to look for? 

This link gives some idea of the furniture's life expectancy and how to achieve that. 

https://www.lazysusanfurniture.co.uk/blogs/news/does-rattan-furniture-lastDoes rattan furniture last? – Lazy Susan

Okell

As others have said any consumer rights you have are against the seller and not the manufacturer, and it's the seller you must address any complaints to.

Also it's the Consumer Rights Act 2015, and not the Sale of Goods Act.

The relevant provision is s9 which states that Goods must be of satisfactory quality, which - for example - takes into account things like price, fitness for purpose and durability.

Because the purchase was over 6 months ago the burden of proof is on you to demonstrate that the furniture is not of satisfactory quality.  The usual advice here is that you need some sort of independent report to establish this, but I think it depends on the circumstances.  Sometimes an item will clearly not be of satisfactory quality and any independent report unnecessary.  Whether that is the case here, I can't say.

Under the law, the retailer is entitled to one attempt either to repair or to replace the faulty item.  If that repair or replacement fails, you can reject the item for a refund, but the retailer will be entitled to reduce your refund to account for the three yeasr use you have had from the furniture.

I'm not sure what you mean by "an investment purchase".  Did you expect the furniture to increase in value?  I'm not sure that is an argument that I would pursue as I don't think it helps you.

I doubt the seller will offer a replacement.  I suppose they might offer a repair or some replacement rattan for you to effect your own repair.  They aren't going to offer you a refund of £900.  Whether anything they offer is acceptable is a matter for you to decide.  

If you are unhappy with their response to your complaint you will have to consider suing them.

lincroft1710

As it appears only the table is faulty, any refund would only be in respect of that item and not the chairs. If rattan under glass is susceptible to damage by sunlight, then it is unlikely an inherent fault and more likely the fault of the owner for not adequately protecting it from sunlight

ThumbRemote

lincroft1710 said:

As it appears only the table is faulty, any refund would only be in respect of that item and not the chairs. If rattan under glass is susceptible to damage by sunlight, then it is unlikely an inherent fault and more likely the fault of the owner for not adequately protecting it from sunlight

If rattan under glass is susceptible to damage by sunlight then that's the very definition of an inherent fault. The only get-out might be if the owner had been told very clearly in the manual that the product should be kept covered if not in use. 

GDB2222

ThumbRemote said:

lincroft1710 said:

As it appears only the table is faulty, any refund would only be in respect of that item and not the chairs. If rattan under glass is susceptible to damage by sunlight, then it is unlikely an inherent fault and more likely the fault of the owner for not adequately protecting it from sunlight

If rattan under glass is susceptible to damage by sunlight then that's the very definition of an inherent fault. The only get-out might be if the owner had been told very clearly in the manual that the product should be kept covered if not in use. 

I’m not entirely convinced that’s a fault. It just means that rattan used in that way has a limited life. Things don’t last forever, and rattan is a natural material that looks good but is not well suited to life outdoors in the uk. 

One aspect the op has not mentioned is how the furniture is described by the store. Does it say hard wearing for example? Maybe, a link to the website would help?