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Ben Jones
Ben Jones, UK Lawyer
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I purchased a gas fire and surround from a supplier in

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I purchased a gas fire and surround from a supplier in Barnsley. I then employed a Gas Engineer to fit the fire. The engineer open the package to fit it he then realized that the fire would not have the correct clearance at the rear and advised that the fire should be returned and exchange for a slimmer modal.
The fire complete within it packaging was returned and the situation explained to the sale rep. He said leave it with me and will sort it out. He later telephone and stated that has the package had been opened it would cost over £200 to have resealed before it could be exchanged. When question about this he stated "you should have had a survey carried out"
At no time during the purchase transaction was a survey mention or offered. The outlet state that they are sorry but it is not them but the supplie who are insisting on the payment for repackaging.
What are my rights, I thought the point of purchase was responsible for goods sold by them?
Submitted: 7 months ago.
Category: Law
Expert:  Ben Jones replied 7 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 7 months ago.
Please could you kindly tell me how long after the purchase did you request an exchange? Thank you.
Expert:  Ben Jones replied 7 months ago.
OK, thank you for your response and request for a phone call. I am unable to speak at the moment but I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 7 months ago.
Hi there. Please do provide the information requested so that I can look into this for you. After you have provided the information, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45305
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Expert:  chatham-chamber replied 7 months ago.
Hello Mr Tucker,Further to our conversation, I would suggest you do the following:-1. Return the item to the store and obtain a receipt for the return. If they provide a full refund, great, if not, you will have evidence of the return.2. Report the matter to your local trading standards department.3. Write to the store demanding a full refund within 14 days or you will issue legal proceedings.4. If at the end of the 14 days you do not receive a response, you will have to issue proceedings. You will be able to do this online at: www.moneyclaim.gov.uk I hope this assists. If so, kindly rate the answer and provide feedback.If you have any further questions, please do not hesitate to ask.Kind regards,
Expert:  chatham-chamber replied 7 months ago.
please ignore the above post, this has been mis-posted for some reason
Expert:  Ben Jones replied 7 months ago.
It would not have been a legal requirement for the supplier to state that a survey is necessary for them to reject a return or to charge you for restocking fees. When you buy an item it is your responsibility to ensure that it is the item you actually need and that it meets the requirements for which you buy it. The seller will only be responsible if the item was not as described, not of satisfactory quality or not it for purpose. You cannot argue that this was not fit for purpose just because you did not ensure yourself that this fire was the correct one for your needs. Also if it was described correctly, you cannot claim that it was not as described. So in effect you need to prove that the fire was either not described accurately or that based on the requirements it was advertised or it was not fit for purpose. That may be difficult here if you did not take the necessary steps to ensure that it was indeed the correct type for your needs. So in the circumstances they could consider agreeing to an exchange but they could also charge a restocking fee if the return was not down to an issue caused by them. So it all comes down to who was responsible for the item not being suitable for the purposes for which you bought it – was it your fault for not ensuring that what you were buying was going to fit, or was it as a result of an inaccurate description by the seller.

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