I'm actually pleased to be able to go around them to Amazon... previously Amazon took a couple of days and then found in my favour, problem solved. I think it's less likely here... a full refund would be unfair on the company, but I'll see what Amazon do - I would imagine the company would be unlikely to ignore an Amazon email.
Fair Chair?
- Thread starter The Halk
- Start date
I'm actually pleased to be able to go around them to Amazon... previously Amazon took a couple of days and then found in my favour, problem solved. I think it's less likely here... a full refund would be unfair on the company, but I'll see what Amazon do - I would imagine the company would be unlikely to ignore an Amazon email.
Soldato
2 Years! Seriously my wife has an online shop and if anyone came back after 2 years asking for a partial refund i'd ignore them too. Have you not heard of wear and tear and in this case you have had 2 years use out of the chair. £130 is not a lot for a chair so I dont know what you were expecting.
good luck but I expect this isnt going to get very far
good luck but I expect this isnt going to get very far
Soldato
I think my chair I got from Staples had a 3 year warranty and cost me about £80 delivered on offer. £130 is actually quite expensive as far as cheap office chairs go and should last more than 2 years.
Saying that my chair is now 3 or so years old and has signs of wear and tear. But these are only cosmetic, like paint flaking from the plastic arms and the fake leather on the arms is peeling off. I think that started happening after a year. But I would only send it back if it became uncomfortable to sit in due to poor materials or workmanship as that would render the chair useless.
Saying that my chair is now 3 or so years old and has signs of wear and tear. But these are only cosmetic, like paint flaking from the plastic arms and the fake leather on the arms is peeling off. I think that started happening after a year. But I would only send it back if it became uncomfortable to sit in due to poor materials or workmanship as that would render the chair useless.
It's not after 2 years.
I have heard of 'wear and tear'
Have you not heard of the Sale of Goods Act?
£130 is a lot for the type of chair that it is.
To be clear it's not cosmetic... the chair bends/folds just in front of the centre pole, it's quite unsuitable for use now.
Soldato
Yes I know of the Sale of Goods act - I only question your timeframe - you say you bought it in July 2010 so thats 21 month ago. If you have only contacted the retailer now then I'm just saying they are going to take a dim view of refunding what sounds like an over priced chair given you say the quality wasnt £130 worth.
just my 2 pence and if you get some money back good luck to you
just my 2 pence and if you get some money back good luck to you
The chair seemed of poor quality when I got it. I'm not an expert on materials though. I couldn't send it back without significant cost, because I had no grounds to do so except under DSR, and I would be responsible for costs.
I trusted that the chair was fit for purpose, because once it was assembled it was actually comfortable, and firm. It did the job fine.
It's only now that it has become faulty, it's been fine for 20 months.
Sale of Goods law - used by everyone, always highly arguable on the facts and never settled on any legal basis whatsoever 
Your gripe is going to be under s.14(2) SOGA 1979 (the goods are not of a satisfactory quality) and depending on the seller, it may be difficult to get a desirable result (a repair, a replacement or a refund, although the latter will only be availible to you if the seller cannot either repair or replace within a reasonable time, or such a repair or replacement is too costly on the seller).
By keeping the goods for this length of time, you have accepted them. This however does not preclude you alledging that the goods were not of satisfactory quality under s.14(2). The problem is that as it has been more than 6 months, the legal onus is on you to establish that the chair is not of satisfactory quality - bad times, as this is highly debatable.
Your best bet is to ring them to discuss the problem to see what they can do, I would personally not start citing anything legal unless it's in writing. I would then write a letter explaining your gripe and quoting the legislation, stating that you are aiming for an amicable sollution. If this doesn't work, it's time for a recorded letter sent demanding something is done or a claim will be issued in the small claims court and trading standards will be notified over their refusal to hear the dispute.
Outside of that, there isn't really much you can do. I really don't think it's actually pursuing anything legal over a chair over a year old that 'only' cost £130, it doesn't make any sense and you will waste time and money.
Best of luck with it
Your gripe is going to be under s.14(2) SOGA 1979 (the goods are not of a satisfactory quality) and depending on the seller, it may be difficult to get a desirable result (a repair, a replacement or a refund, although the latter will only be availible to you if the seller cannot either repair or replace within a reasonable time, or such a repair or replacement is too costly on the seller).
By keeping the goods for this length of time, you have accepted them. This however does not preclude you alledging that the goods were not of satisfactory quality under s.14(2). The problem is that as it has been more than 6 months, the legal onus is on you to establish that the chair is not of satisfactory quality - bad times, as this is highly debatable.
Your best bet is to ring them to discuss the problem to see what they can do, I would personally not start citing anything legal unless it's in writing. I would then write a letter explaining your gripe and quoting the legislation, stating that you are aiming for an amicable sollution. If this doesn't work, it's time for a recorded letter sent demanding something is done or a claim will be issued in the small claims court and trading standards will be notified over their refusal to hear the dispute.
Outside of that, there isn't really much you can do. I really don't think it's actually pursuing anything legal over a chair over a year old that 'only' cost £130, it doesn't make any sense and you will waste time and money.
Best of luck with it
No, I certainly won't do anything legal over it. I'll take legal advice eventually through Which? as I'm a member, at the most.
Amazon have absolved themselves of any responsibility, so I've phoned the company direct. They asked if I paid for a warranty, I said no, they said they couldn't help. I said I didn't agree with that and someone is going to call back later.
In all honesty I'll take this as far as I can reasonably go without huge effort or expense.
In an ideal world I'd tell them to replace the faulty part (the seat) and I'd consider it resolved, or if they'd give me a partial refund.
The purpose of the thread though was to make sure I wasn't being unrealistic in my expectations of the life of the chair. After that point I'm pretty comfortable changing my arm to see what I can get back... I'm not confident I'll get anything at all, but I'll give it a shot.
Amazon have absolved themselves of any responsibility, so I've phoned the company direct. They asked if I paid for a warranty, I said no, they said they couldn't help. I said I didn't agree with that and someone is going to call back later.
In all honesty I'll take this as far as I can reasonably go without huge effort or expense.
In an ideal world I'd tell them to replace the faulty part (the seat) and I'd consider it resolved, or if they'd give me a partial refund.
The purpose of the thread though was to make sure I wasn't being unrealistic in my expectations of the life of the chair. After that point I'm pretty comfortable changing my arm to see what I can get back... I'm not confident I'll get anything at all, but I'll give it a shot.
It isn't about who's right or wrong, it's about who can argue their case most convincingly - what is reasonable will always be highly debatable. I might say 20 years myself, what on earth can go wrong with a chair?
But yes, I understand your purpose
Suspended
I think you have to consider the usage you have got from the chair.
An office "style" chair is just to function a certain way due to being used in particular scenario.
Obviously a £130 office chair used for 40-50 hours a week should be approaching its end of life by 2 years. If its being used for 10 hours a week thats hardly a lot of use.
I would consider the approach of asking if this is a common occurance to the shop depending on their response you can argue different ways.
If they say yes its common after 2 years or so, its only expected to last a short time as its a "budget" chair then your approach would be a SOGA that as a consumer you dont agree. If they so no no never seen a failure like that in that timeframe then you can argue its obviously a manufacturing fault as by their own words its uncommon
An office "style" chair is just to function a certain way due to being used in particular scenario.
Obviously a £130 office chair used for 40-50 hours a week should be approaching its end of life by 2 years. If its being used for 10 hours a week thats hardly a lot of use.
I would consider the approach of asking if this is a common occurance to the shop depending on their response you can argue different ways.
If they say yes its common after 2 years or so, its only expected to last a short time as its a "budget" chair then your approach would be a SOGA that as a consumer you dont agree. If they so no no never seen a failure like that in that timeframe then you can argue its obviously a manufacturing fault as by their own words its uncommon
It isn't about who's right or wrong, it's about who can argue their case most convincingly - what is reasonable will always be highly debatable. I might say 20 years myself, what on earth can go wrong with a chair?
But yes, I understand your purpose
Well it is about right or wrong... I wasn't going to try and force a refund or something if I was wrong - I do try and do the right thing! Now that I think I'm being reasonable, I'm going to give it my best shot
I think you have to consider the usage you have got from the chair.
An office "style" chair is just to function a certain way due to being used in particular scenario.
Obviously a £130 office chair used for 40-50 hours a week should be approaching its end of life by 2 years. If its being used for 10 hours a week thats hardly a lot of use.
I would consider the approach of asking if this is a common occurance to the shop depending on their response you can argue different ways.
If they say yes its common after 2 years or so, its only expected to last a short time as its a "budget" chair then your approach would be a SOGA that as a consumer you dont agree. If they so no no never seen a failure like that in that timeframe then you can argue its obviously a manufacturing fault as by their own words its uncommon
The description of it says it's for use 8 hours a day. I picked it out partly because of their claims of durability...
Edit : Sorry I replied in a hurry, your second paragraph is very good thinking. I'm going to use that on the phone with them later. Reasonable and it corners them. Thanks very much for that!
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Well it is about right or wrong... I wasn't going to try and force a refund or something if I was wrong - I do try and do the right thing! Now that I think I'm being reasonable, I'm going to give it my best shot
My point being is they can simply say "no", put down the phone... and win (even if they are wrong) because ultimately there is very little you can do about it should they decide to be like this due to the circumstances.
What is right and wrong is not the point. It's about what's practicable and what's an achievable result. This is why people settle pre-litigation rather than wasting huge amounts of time and money finding out what is 'right'.
Slightly off topic, of course
Best of luck
They can... at which point I go to the credit card company...
Well, errr, you can try I guess....
Soldato
Well let us know how it goes - I've got a whole raft of gear I could get partial refunds on. Maybe I've been chucking stuff in the bin to easily.
£40 chair I'd be expecting bin it and buy a new one, £130 not really.
I had an Office chair from Ikea, over a year with no receipt, arm snapped.
Contacted them requesting a new arm/screws.
They delivered a brand new chair, boxed and told me to dispose of the old one.
Think the chair itself was about £50 from Bargain corner, chair new was I think 80ish.
I had an Office chair from Ikea, over a year with no receipt, arm snapped.
Contacted them requesting a new arm/screws.
They delivered a brand new chair, boxed and told me to dispose of the old one.
Think the chair itself was about £50 from Bargain corner, chair new was I think 80ish.