Ask a Law Question, Get an Answer ASAP!
I wish to know what I can do if the firm are not able to alter the covers satisfactorily or will not undertake this work and whether I can get my deposit back in those circumstances.
Under "Warranties and Liabilities" in the Terms and Conditions there are two relevant paragraphs:
"We warrant that on delivery and for a period of 36 months after delivery the goods will correspond with their specification, be free from defects in design, material and workmanship and be of satisfactory quality."
"In the unlikely event that the goods and/or services do not conform to these conditions please let us know as soon as possible. Once we have checked that the Goods and/or services are faulty or not carried out with reasonable care we will either replace the goods or reperform the services, repair the goods or provide you with a full or partial refund"
They do not use the actual phrase "satisfaction guaranteed"
They also say "........ we will provide services which in all material respects with their description are carried out with reasonable care and skill and free from material defects and design, material, workmanship and are fit for the purpose we say the Services are fit for.
"These conditions are in addition to your legal rights..........."
They were made to measure - indeed I paid an extra £400 to have the superior handcut process (rather than just measurements taken and sent away). This involved the sofas being taken to their workshop so that a "highly trained and skilled technician" could carry out the procedure.
I think you are missing the point; I said they were making new seat cushions and taking steps to have the dirty mark removed but they have ignored my complaint about the quality of the fit. They have not replied to my complaint about this even tho' it was supposed to have undergone a superior ftting process for which I paid an additional £400 more than I would have paid for their standard process. They have offered a derisory £50 for the inconvenience and delays I have suffered since I placed the order in February.
Thank you. The answer is very much what I expected but it is good to have it confirmed by a legal expert. I do not need any further clarification.