Damaged item received - business not accepting return

AlCapwn

Hello

I ordered a dining table in-store by picking from a catalogue of colour/finish options for base and top. It was sent to a factory for manufacturing. Price was £1.3k - £150 deposit on credit card and the rest on finance.

The item arrived yesterday and remained unused and protected with a temporary cover. In the evening, I noticed there are multiple small chips/damage where the top meets the edge, including within the built in extension leaf. I didn't notice this at delivery time.

I flagged this immediately to the store who are offering a replacement top but I'm asking for them to take it back for a refund instead.

They are pushing back saying they have the right to try a replacement for personalised item which doesn't sound right to me. All the information I've seen suggests I can return for a full refund.

One of the main reasons I paid a premium for the table is I wanted something high quality and resilient against use within a family of 4, as well as offering a built in extension leaf. It seemed to tick all the boxes.

I am not convinced a replacement I receive will be much better, especially in the long term. Given there are multiple chipped areas, it doesn't seem the manufacturing/sales promise of high quality holds much weight.

Am I correct the store are obliged to take the item back? They have ignored my email with a rejection statement (generated on Citizens Advice website), instead again offering a replacement top.

Okell

If you bought it instore then it isn't a distance contract so any question about it being "personalised" is irrelevant.

If it isn't of satisfactory quality (including being free of minor defects) you have a legal right under the Consumer Rights Act 2015 to exercise your short term (30 day) right to reject for a full refund.

The seller has no option to repair or to replace - you can demand a full refund.

If you are still within 30 days of delivery to you, confirm to them now that you were executing your short term right to reject.

As you paid a deposit by credit card and total cost was over £100 you will have a joint claim against your credit card provider under s75 of the Consumer Credit Act 1974

AlCapwn

Thank you, I thought as much. I'm waiting for their response now

AlCapwn

Hi

I'm getting some pushback from the company because I signed for delivery after the item was assembled by their team. I did a quick one over after it was assembled (needed to get back to work) but not to the degree my wife did a close inspection.

They are saying I signed a note that the item was in perfect condition although the screen I signed was just a big signature box and said nothing of the sort.

The issue was reported ~2.5hrs after item arrived.

I feel like the company will not accept a return, only replacement and use this signature thing as a way out.

If I have to go down the credit card claim route, what would be a good approach?

Should I accept a replacement table top but explicitly say this is be accepted under forced circumstances?

Or insist they take the table back regardless and remain on the hook for finance in the hope the claim will be resolved in my favour?

sheramber

They are saying I signed a note that the item was in perfect condition 

Ask them for a copy of that.

If they do have such a signature they will claim it was damaged after delivery.

AlCapwn

Are they obliged to give me a copy? I'd be interested to see that and the photos the delivery guys took. Unfortunately my photo after delivery to send to the Mrs was from a distance and doesn't show anything significant

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/82096594#Comment_82096594

Yes, you can insist by submitting a subject access request under the Data Protection Act, but that may be a sledgehammer to crack a nut so you might get it by just asking!

AlCapwn

I asked the delivery company who send me the POD.

The photos do not clearly show the damage but there is one area (a couple of pixels wide) with noticeable colour difference which matches an area of damage. Unfortunately I suspect it could be disputed either way because you have to know where to look and zoom in to see it. The chipped areas are about 1-3 millimeters wide in about 5 different places.

The POD text says two things:

• "good received in good order", and
• "I confirm that I have received my furniture in good condition of merchantable quality and delivered to my satisfaction"

Bit lost how to take this forward if they refuse a refund

AlCapwn

The company are leaning on the POD to offer an exchange only, not a refund. Any thoughts on this?

Aylesbury_Duck

If you still want a refund, the next stage is to speak to your credit card provider about a section 75 claim.

From a practical perspective, it sounds like you may have done a lot of searching to find this table, so why not give the replacement a go? Or have you already identified an alternative?

eskbanker

It might be pragmatic to accept the replacement and to examine it very closely on delivery? If you can't find anything wrong with it then you've basically got what you ordered, or if it's faulty then you're on firmer ground to reject the order entirely…