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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69528
Experience:  Over 5 years in practice
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i have purchased a Suite from a conservatory company for a

Resolved Question:

i have purchased a Suite from a conservatory company for a £1000, when it came the 2 chairs where damaged, and 2 replacements where ordered, when the replacements came , they were damaged even more than the first ones, we were told they would be replaced, the 3rd set have arrived and we were asked to go and look at them in the showroom, these to are not acceptable as the laquer has been repaired and sanded, i am told now by the shop that they will not refund my money or chance the chairs , what are my options
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What is wrong with the third set ? I realise it has been repaired but is there anything wrong with the quality?
Customer: replied 2 years ago.

well it has been sanded once the finish has been applies, and then re finished , so its 2 distict colours, and if you stand behind you can see the sand marks

Customer: replied 2 years ago.

yes there is it has beed sanded after the finish has been applies and then finished in a lighter colour, you can see the sanding marks on the wood

Expert:  Jo C. replied 2 years ago.
Thanks.
You are entitled to an item that is not damaged. They do not seem to dispute that. They have offered replacements.
In principle under the SGA, you are entitled to choose a refund, replacement or repair. However, the retailer can refuse one in favour of the other if he can show that one would be disproportionately expensive for them which is usually what they rely on in this type of situation.
For that reason, a repair is perfectly acceptable but it does have to be a repair to a high standard. If you are being asked to accept goods with a fault then that doesn't comply with their duties and your rights under the SGA are revived.
Obviously I haven't seen this repair and the law is clear that the fault has to be more than merely trifling but you are describing fairly unsightly marks and the SGA does apply to the asthetic appearance of an item.
It terms of what can be done though, if they refuse to make any offers at all then your only option is to sue. There is no other way of forcing them to comply. They are very unlikely to contest it if you do sue. Its not cost effective for them. Most companies throw their hand in at that point.
Its almost certainly a small claims court sum so it would be cheap and quick to issue. You can do so here
www.moneyclaim.gov.uk
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69528
Experience: Over 5 years in practice
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