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JG_Legal
JG_Legal, Barrister
Category: Law
Satisfied Customers: 45
Experience:  Experience of consumer law, financial regulation and criminal law.
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In May when we were on holiday in Benidorm, we went on what

Customer Question

In May when we were on holiday in Benidorm, we went on what they call a blanket trip. Basically, it is a free trip out but you have to attend a sales promotion for selling bedding etc. We agreed to buy two Merino wool quilts. Although they are expensive, we were advised by the sales woman that they would be cool in summer and warm in winter. We thought as old age pensioners this would be ideal. They were delivered from their Birmingham warehouse after we returned. We have since use them and find that they are not as advised as being cool in summer as we have had to take them off already and put our old ones back on. We have also bought new quilt covers in cotton as advised by them but to no avail. I wrote to the company about returning them. Their response was "our terms on the order form and the invoice clearly state that goods can only be returned if faulty." They now need paying £500 in the next 7 days. The money is not the problem but I feel that as the goods have not lived up to the sales persons claim, I should be allowed to return these items. Please advise on this situation.
Submitted: 1 year ago.
Category: Law
Expert:  JG_Legal replied 1 year ago.

I'm a common law barrister practising in London. I can help with this.

On the face of it, the statement is sales patter and not a representation that can give rise to a claim that the goods are not as described or faulty. Theoretically, you could argue the blankets are not fit for purpose but in reality I doubt this will work as it would be incredibly difficult to prove this (that the blankets are too hot in summer, for example).

Have you not paid for the blankets yet?

Customer: replied 1 year ago.
no
Customer: replied 1 year ago.
No we have not paid for them yet.
Expert:  JG_Legal replied 1 year ago.

If you don't want the quilts, I recommend you return them and say you have rejected them. Say that they were sold as being fit for the purpose of use during the summer i.e. at ambient temperatures of above 18 degrees and that they are not fit for this purpose so they are either faulty or inherently not fit for purposes and therefore the contract had been breached.

They will disagree and demand payment but its doubtful they'll do anything about it. They would need to take you to court, which is expensive. To ward this off say you will instruct a bedding expert to provide a report to prove your counter-claim.

I think this answers your question. If it does please press accept, if not, please ask for clarification.

Expert:  JG_Legal replied 1 year ago.

Do you require further clarification?

Expert:  JG_Legal replied 1 year ago.

Do you accept my answer?

Expert:  JG_Legal replied 1 year ago.

Please rate me

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