were do I legally stand?

nightrider1470

nightrider1470

nightrider1470

Soldato
Joined
25 May 2011
Posts
3,299
Long story short, bought a snooker/dining table... Poor service from company from the start with no phone updates when promised and constantly chasing them for delivery dates.

Any way table was delivered. When they left I was told not to lift it into snooker mode for 2 days. I left it 4 days. Any way I lifted it the other day by simply pulling the front and bottoms under the cushions which is meant to lock it into the correct hight for snooker. On one side it nearly ripped the cushion off so wasn't installed right, so unable to use it for snooker as its bent the cushion and split the wood underneath.

Have contacted them and they said they will get someone out next week to fix but I envision another nightmare of them letting me down + the actual cushions are extremely poor and provide very little bounce... Is there any way I could even ask for a refund legally?

Thanks!
 
I would agree DSR.

Side not snooker/dining tables look so tacky.. why would you want one? Man pad with plenty of room to fill?
 
If it's not fit for use then you are legally entitled to a refund within a reasonable amount of time. That's generally 30 days.

Get a refund and tell them to shove the table up their ****.
 
DSR refund if purchased online and within 7 days. Or if purchased on a credit card and over £100 then you can chase the credit card compay in the evnt that the retailer will not resolve the issue (the CC company are jointly liable under the consumer credit act).
 
Yeah I'd agree DSR normally...

Whats the cost of returning a large tabel tho guys? :/
Gonna be a killer.

Make sure theyre out within a few days and remember for the DSR return should you be able to sort somethign out delivery wise you only need to notify then WITHIN 7 working days of your intention to return, the return can take "a reasonable amount of time"

OFT said:
What must consumers do if they want to cancel?
They must tell you in writing or in another durable medium
such as e-mail, if they want to cancel but not by phone
unless your terms say this is acceptable. The effective date
for cancellations under the DSRs is the date on which the
consumer gives notice of cancellation to you.
Click to expand...

OFT said:
The time limits for cancellation are as follows,
for goods:
• seven working days (not including weekends or bank
holidays) after the day on which they receive the goods
– provided you give the consumer the required written
information no later than the time the goods are delivered
• seven working days from the day after the day on which the
consumer received the written information and within three
months of the goods being delivered, when the written
information is not provided at the time of delivery, or
• three months and seven days from the day after the day
the consumer receives the goods if you do not give the
required written information at all (or give it after the three
month period mentioned above).
Click to expand...

They'll probably try and squirem out of refunding your original postage, a lot do:
OFT said:
The retailer must refund the full amount including the delivery
costs as soon as possible after the consumer cancels, and in
any case within 30 days at the latest. You cannot insist on the
goods being received by you before you make a refund.
Click to expand...

And the last one that almost everyone tries...
They CANNOT charge you a restocking fee or similar.

OFT said:
Only if it is covered in the contract and the written information
can you require the consumer to pay for the cost of returning
the ordered goods. If the consumer then fails to return the
goods, or sends them at your expense, you can charge them
the direct cost to you of the return, even if you have already
refunded the consumer’s money. You are not allowed to
make any further charges, such as a restocking charge or an
administration charge.
Click to expand...

Now one last thing which may be a slight hiccup, a lot of furniture is built to order, a lot wont allow DSR on "custom" built stuff.

HTH

Full link if you need it:
http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft913.pdf
 
Surely if it's actually broken simply due to the OP trying to use it for it's intended use then DSR is irrelevant, and it's down to SOGA - not fit for purpose?

Edit: in fact, as it's now damaged, surely DSR won't apply?
 
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Use SOGA, not DSR.

With DSR, you may need to pay carriage. With SOGA, that's their problem.

Write to them (properly). If they don't turn up, reject the item as not fit for purpose. If they still don't sort it, claim from your credit card.
 
Haggisman said:
Surely if it's actually broken simply due to the OP trying to use it for it's intended use then DSR is irrelevant, and it's down to SOGA - not fit for purpose?

Edit: in fact, as it's now damaged, surely DSR won't apply?
Click to expand...

Winner here.


legally you say that you 'never accepted the table due to the fault that was present at delivery. You are now rejecting the item as it is in breach of contract. Refund please.'

And that's that.

35 Acceptance.

(1)The buyer is deemed to have accepted the goods [F1subject to subsection (2) below—

(a)when he intimates to the seller that he has accepted them, or

(b)when the goods have been delivered to him and he does any act in relation to them which is inconsistent with the ownership of the seller.

(2)Where goods are delivered to the buyer, and he has not previously examined them, he is not deemed to have accepted them under subsection (1) above until he has had a reasonable opportunity of examining them for the purpose—

(a)of ascertaining whether they are in conformity with the contract, and

(b)in the case of a contract for sale by sample, of comparing the bulk with the sample.
Click to expand...

53 Remedy for breach of warranty.

(1)Where there is a breach of warranty by the seller, or where the buyer elects (or is compelled) to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not by reason only of such breach of warranty entitled to reject the goods; but he may—

(a)set up against the seller the breach of warranty in diminution or extinction of the price, or

(b)maintain an action against the seller for damages for the breach of warranty.
Click to expand...


IANAL...
 
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