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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good Morning. I have placed an order piece of furniture

Resolved Question:

Good Morning.
I have placed an order piece of furniture on the internet its a uk based firm called nlini.
www.nlini.com
The order was pieces of furniture that need to be manufactured in china to my
specifications. So they are (custom). When placing the order on the website is clearly states
that the items will be available in 10-12 weeks. I have now found out that the items will not be
available in this time and that perhaps they will be with me in 16-17 weeks. And as these are
custom made replica pieces of furniture a refund is not possible.
The reason they gave delay is.
Yes it does state delivery time -12 weeks as this is in 95% of the time also the case, but sometimes things happens which we cannot control. In this case the delays are caused by a delay at the harbour in China where Maersk and WorldTrans (freight companies) had issues getting the shipment to the dock and onto the ship as well as the ship being delayed due to weather conditions as well as toll queues.
So is there any way i can still cancel this order or claim compensation heavy delays?
These are the terms and conditions of the site.
http://nlini.com/en/customer-service/terms-and-conditions.html
Kind Regards
Daniel Szalapski
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Daniel my name is ***** ***** I will help you with this.

Alex Watts :

How much did you pay?

Alex Watts :

How did you pay goods?

Customer:

there i paid £ 589,83 via credit card.

Alex Watts :

Ok. Whilst IO do not think you cancel if this is custom made you are certainly entitled to a reduction

Alex Watts :

They appear to be in breach of contract under Section 13 of the Sale and Supply of Goods and Services Act 1982 by failing to act with all reasonable skill and care.

Alex Watts :

You need to write and set out your losses and request compesnation within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

Alex Watts :

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.



If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation .



Can I clarify anything about this today please?

Customer:

yes please, "failing to act with all reasonable skill and care." is there a break down of this or further explanation as to what this covers?

Customer:

And also where does this law apply to them and exactly where have they have breached it?

Alex Watts :

No, that is what the law states. What is reasonable is a matter Judge.

Alex Watts :

They said 10-12 weeks and its circa 15 weeks.

Alex Watts :

This is a breach of an express term of the contrac

Alex Watts :

* contract *

Alex Watts :

Does that clarify?

Customer:

yes thank you . One last thing to file in small claims court does it have to be done in person or can it be done electronically?

Alex Watts :

www.moneyclaim.gov.uk

Alex Watts :

If this answers your question could I ask you to rate my answer before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Ash and 2 other Law Specialists are ready to help you