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Matt Jones
Matt Jones, Solicitor
Category: Law
Satisfied Customers: 671
Experience:  I am a qualified and practising Solicitor with over 7 years post qualification experience
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I purchased a greenhouse online £499.95-it was delivered,4

Resolved Question:

I purchased a greenhouse online £499.95-it was delivered,4 people erected it,according to instructions,possibly not using enough rope over it.It blew down after 3 weeks of good use.the company is denying all responsibility,even after sending photographs.they suggest I claim on my household policy- mine doesnt cover garden.The greenhouse just buckled under with the wind.do I have any recourse under my consumer rights?
Submitted: 2 years ago.
Category: Law
Expert:  Matt Jones replied 2 years ago.

Matt Jones :

Hi i will try and help

Matt Jones :

when you say "possibly not using enough rope over it" what do you mean precisely?

Customer:

It didn't say on the instructions how to make it extra secure,so we put secured rope over the it-obversiously not enough

Customer:

when I telephone,they did say-read our terms and conditions-couldn't find them on their website.reputable firm i believe,Mercia garden products.

Matt Jones :

and when you say blew down, did it flip over or just collapse in on tself. Can you elaborate?

Customer:

a strong wind-blew it over-flipped I surpose-noone was hurt

Matt Jones :

thanks

Matt Jones :

i have just checked over their website myself and i agreed with you i can find no terms and conditions they speak of

Customer:

The one I got was 10"x 8" polycarbonate greenhouse

Matt Jones :

thanks I have just had a look at this

Matt Jones :

what ground fittings came with the product?

Customer:

none,just the various pieces to be put together-actually it was like a jigsaw puzzle

Matt Jones :

does it say anything in the instructions about securing the the ground? a recommendation to make sure it is secure for example, or to put on level ground, make sure ground is hard, that sort of thing?

Customer:

yes,it did recommend,put on level concrete ground-we did,it was replacing on old greenhouse,which was removed late last year.my plants were OK,as we dashed-out to save them.the broken,buckled frame did leave my lawn is a terrible state

Customer:

if there is a way I could send,before and after Photographs!

Matt Jones :

you can attach them but not sure it'll help just at the moment. What I am really trying to get at was to what extent is the greenhouse "satisfactory quality" under the provision of the Sale of Goods and Supply of services act (and the related Consumer regulations). When buying such a product it is supposed to be outside, and so you would expect it to be able to cope with the elements to a certain degree.if it were to rust for example within a week of getting it that would not be "satisfactory quality". The question of wind damage is a little different however.......

Matt Jones :

if the recommendation is to ensure that as far as possible the greenhouse is secure then the manufacturer may use this to avoid liability...

Matt Jones :

this is why I was asking specifically what they recommendation is regarding the securing of the product. they may say that they can provide securing parts because everyone's requirement is different, and it may be windier in one area than another (i.e one area in Scotland for example had extremely windy conditions, whereas in the home counties things would be different)

Matt Jones :

sorry above as supposed to say "can't provide securing parts..."

Customer:

I agree-it does however state they"the green house is supported by a strong aluminium frame that has been specially treated etc ,I live in Buckinghamshire-not Scotland.it was just delivered as a package to be assembled.two of the men that helped in the assembly ,are in my employ,and have self-assembled many things,including a dressing from from Ikea(which is a good company)

Matt Jones :

did it flip over in the strong winds we had at the beginning of the year?

Customer:

No,this all happened about 4/5 weeks ago.

Customer:

paid via PAYPAL on the 3rd April

Matt Jones :

thanks

Matt Jones :

one sec please

Matt Jones :

sorry just had to take a call

Customer:

dont'worry,i was printing out something to do with my work

Matt Jones :

I think in this case there are arguments either way. You appear to have complied with the instructions as required, and additionally you have secured with ropes. However the manufacturers could argue the wind was a natural consequence if the wind was severe enough (i.e anything up to a hurricane) there is always a chance of an upturn of a greenhouse.

Matt Jones :

on balance, I am afraid i think that you would have a difficult job convincing a judge if you decided to sue

Matt Jones :

I am sorry this may not be what you wished to hear but i have tried to be as honest and objective as possible

Customer:

Thank you,I have no intention of going to court-just really wanted to know my statuary

Matt Jones :

yes of course, I hope i have shed some light on this. Happy to answer any follow up questions

Matt Jones, Solicitor
Category: Law
Satisfied Customers: 671
Experience: I am a qualified and practising Solicitor with over 7 years post qualification experience
Matt Jones and other Law Specialists are ready to help you
Expert:  Matt Jones replied 2 years ago.
Hello

I hope that my advice assisted you, and all has gone well. If you have time then I would welcome an update.

If you have any other legal questions then please post "FOR MATT JONES" before you ask your further question and I will endevour to come back to you. I may not be online at that particular moment but will come back to you as quickly as I can.

All the best

Regards

Matt Jones

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