Damaged table

madmary69

Hello , hope someone can advise, I took delivery of a complete garden set  about a month ago. After unpacking I noticed that the table was damaged, I immediately reported this and was advised that someone would be intouch (7 days later).  It was agreed that a replacement would be sought and they would be back intouch with a delivery date.  (which happened) The day before this was due I was contacted and advised that "the table had just came in and on inspection was also damaged" , I then got contacted again to say that they now cant find a replacement and i had a few options 
1. Keep the table as is and the would offer a partial refund
2. Get a full refund for the set (they have no more in stock until next year)
3. Agree to keep the table and they will arrange to have a table delivered next year (spring) 
Option 3 would be the best but i am worried that the new table comes and it is a different colour from the rest of the set , I said this to the company and they said they cannot guarantee the colour to be the same but hopefully it should be
What are my rights if this does happen.  I have paid just short of 2K for this set and thats a lot of money for it not to match
Any help appreciated thanks  

Alderbank

madmary69 said:

Hello , hope someone can advise, I took delivery of a complete garden set  about a month ago. After unpacking I noticed that the table was damaged, I immediately reported this and was advised that someone would be intouch (7 days later).  It was agreed that a replacement would be sought and they would be back intouch with a delivery date.  (which happened) The day before this was due I was contacted and advised that "the table had just came in and on inspection was also damaged" , I then got contacted again to say that they now cant find a replacement and i had a few options 
1. Keep the table as is and the would offer a partial refund
2. Get a full refund for the set (they have no more in stock until next year)
3. Agree to keep the table and they will arrange to have a table delivered next year (spring) 
Option 3 would be the best but i am worried that the new table comes and it is a different colour from the rest of the set , I said this to the company and they said they cannot guarantee the colour to be the same but hopefully it should be
What are my rights if this does happen.  I have paid just short of 2K for this set and thats a lot of money for it not to match
Any help appreciated thanks  

Welcome to the forum.

The relevant law is the Consumer Rights Act 2015.

In a nutshell the Act says that if the goods do not conform to contract you can agree to a repair or replacement, but if it turns out that the replacement also does not conform to contract (in your case, one contract term is that you have a matching set similar to the picture on the website and on the carton) then you can exercise what is called your final right to reject for a refund.

The law allows the seller to reduce the refund for the amount of use you have had from the product. Next spring they might suggest you have had several months use, but I would argue that you have never had the use of a fully conforming garden set so you are entitled to a full refund.

sheramber

They cannot give you what does not exist, 

I would go with option 2 

Return it and get a full refund. 

You can then look  for another set or wait until next spring when they get new stock in and  hopefully get a matching set that is not damaged, assuming the same set will be produced next year. 

Alderbank

This is a money-saving site.

You could return it for a full refund then shop around, as @sheramber suggests.

We are now at the time of year when garden furniture gets substantial out-of-season discounts. You might get a very similar set, new, matching and perfect, for 30% or more less.

...could be 40% less than 2026 prices

Beeblebr0x

Option 2 for me. Save yourself the stress of worrying if option will 3 work out.