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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70183
Experience:  Over 5 years in practice
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paid 2000 pound for a italian suite in december 2013 told take

Customer Question

paid 2000 pound for a italian suite in december 2013 told take 4 to 6 weeks to arrive ordered 2+2+1 took 11 weeks to arrive sent wrong on sent 3+2 no arm chair chair took them another 3 weeks to send arm chair but no 2 seater to repleace the 3 seater took them another 2 weeks to to bring the 2 seater after inspection we found out that we found out it was a softer leather and a different batch number when we complained to the shop he came out to the house took photos of the suite we told him we are not happy with the suite and wanted the suite taking away and wont a full refund as from today the 30 april i have been intouch with one off the directors at there head office in london they have been in touch they have said point blank no way are they going to give us a refund they will order us another 3 piece suite to replace this one i cant believe anything they say anymore as they have told us that many lies before i cant trust this company what should i do do i let them rectefi the problem
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to achieve please?
Customer: replied 3 years ago.

money back if possible no faith in this firm

Expert:  Jo C. replied 3 years ago.
Are they unable to deliver the correct one?
Customer: replied 3 years ago.

they promise to deliver a brand new one next thursday 8 may but they have said that before

Expert:  Jo C. replied 3 years ago.
Thanks.

Did you agree time was to be of the essence in the contract?
Customer: replied 3 years ago.

no they told us it will take 4 to 6 weeks after 11 weeks when we rang up they said it had not left italia yet

Expert:  Jo C. replied 3 years ago.
Thank you.

I am sorry but I cannot give you good news.

Obviously they are in breach of contract because they have delivered late and they have delivered the incorrect item. However, since time was not of the essence in this contract this does not amount to a material breach allowing you to repudiate the contract and demand a refund.

Of course, you can ask for a refund and they may concede. Sometimes companies will do more than they have to do. If they dig their heels in though and you sued then they would win I'm afraid.

You are only under an obligation to wait for a reasonable time. I know you have waited some time already and that this must be frustrating for you but realistically a court would say that an offer to deliver on 8 May is reasonable I'm afraid.

I am very sorry but I can only give you truthful information.

Can I clarify anything for you?

Jo
Jo C. and 2 other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/