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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47417
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My daughter bought a suite made to fit her living room.firstly

Customer Question

My daughter bought a suite made to fit her living room.firstly the company arranged a date to which they didn't keep, my daughter rang them they said it needed more material to finish it so it would bethe nxt day in the afternoon between 12/1pm they didn't appear.we rang and kept getting a message we cannot take yr call and you can't leave a message.an hr later we got word they will arrive shortly.they delivered a suite we paid the money and they left. My daughter came home from work and said its the wrong suite they delivered two two seaters corner sofa and it was meant to be two three seater corner sofa.she rang the company and explained and said she wanted her money back to which he said no chance he will take the suite away and make it bigger.wedont want thatas we feel if he takes the suite ,he has our money and the suite and we have nothing,they have lied about the delivery day, not enough material to finish it on that day and got the wrong suite. Advice would be appreciated.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today.

When a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Sale of Goods Act 1979 and the Sale and Supply of Goods to Consumers Regulations 2002.

The law states that the goods must be of satisfactory quality, as described and fit for purpose. If they are not, you will have certain legal remedies against the seller. There is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods.

If the goods are not as described, of satisfactory quality or fit for purpose, you have the following rights:

1. Reject the goods and request a refund - this is only possible if the rejection occurs within a 'reasonable time'. This period depends on the circumstances, although it is generally accepted to be within the first month after purchase, so must not be delayed. However, if these were custom made goods, for example something built specifically for you based on measurements, etc then the right to request a refund only applies if the item is fault, not if it is not as described.

2. Ask for a repair or replacement – if you are too late to reject the goods, or the goods are custom made and not faulty you can ask the seller for a repair or replacement without causing any significant inconvenience.

As there is still time to reject the goods and request a refund, you may do so, bit only I the goods were not custom made or if they were – if they were faulty. You can quote the applicable laws and rules as mentioned above. If they appear reluctant to assist, write to them one more time, warn them that they have 7 days to comply and inform them that if they fail to meet their legal obligations, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation for your losses.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether you need further help or if I can close the question? Thank you