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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45376
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I purchased 2 Rustic slate Circle 1.8m paving sets for my

Customer Question

Hi there
I purchased 2 Rustic slate Circle 1.8m paving sets for my garden patio, from a company in England.
Having paid for them and had them delivered to my home in Glasgow and then fitted into my patio area I notice that one is rusting and the other is not.
I contacted the company who responded with the comment that "..slate is a natural product and each individual piece is different and may contain more or less iron which is what causes the rust, there isn't anything wrong with the state ..."
I sent a photograph showing the difference between the 2 circles and asked how they could help resolve the problem .
They replied there is nothing wrong with the slate - I now have 2 large areas of slate on my patio, one rusted and one not rusted [ I only bought these items in May/June 2016]
Do I have a right of recourse here ?
Your thoughts would be appreciated
Submitted: 5 months ago.
Category: Law
Expert:  Ben Jones replied 5 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 5 months ago.

How long ago did you buy them? Also, how long after buying them did you contact the seller?

Customer: replied 5 months ago.
I bought them late may early June and I contacted the seller today
Expert:  Ben Jones replied 5 months ago.

OK thank you, ***** ***** it with me. I am in court for the rest of today so will prepare my advice in a while and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 5 months ago.
Thank you
my e mail address is***@******.***Pawan Sood
Expert:  Ben Jones replied 5 months ago.

No problem at all and thank you.

Expert:  Ben Jones replied 5 months ago.

Thanks for your patience. When a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Consumer Rights Act 2015. The law states that the goods must be:

· of satisfactory quality – they must not be faulty or damaged when you receive them;

· as described – they must match any description given to you at the time of purchase; and

· fit for purpose – they should be fit for the purpose they are supplied for,

If they do not match the above requirements, you will have certain legal remedies against the seller. Your rights will not be against the manufacturer as they will only be responsible if there was a manufacturer’s warranty or guarantee with the goods. Also note that 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 do not meet the criteria mentioned above, you will have the following rights:

1. Reject them and request a refund - this is only possible if the rejection occurs within 30 days of purchase.

2. Ask for a repair or replacement – if you are too late to reject the goods or do not wish to get a refund straight away, you can ask the seller for a repair or replacement. If a repair has been arranged but has failed, or if a repair or replacement are not possible, you are still entitled to ask for a refund, or a price reduction. Alternatively you could get a second repair or replacement at no extra cost to you. However, the retailer can refuse if they can show that your choice is disproportionately expensive compared to the alternative.

A useful rule is that if a fault appears within the first 6 months after purchase, the law assumes that they did not meet the statutory requirements at the time of sale. If the retailer disagrees, it is for them to prove that this was not the case. However, if the fault occurs more than 6 months after purchase, it would be down to the consumer to prove that they did not meet the statutory requirements set out above at the time of sale.

As you are outside of the initial 30 days and are too late to reject them, you can still try and resolve this by contacting the seller and asking them for a repair or replacement. You can quote the applicable rights you have under the Consumer Rights Act 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.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow if you decide to take this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 5 months ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 5 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45376
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 5 months ago.
Hi ThereApologies for the late response .The chap at the company has stated that iron is natural in slate and hence why we can have rust . He also states that as I have had both circles placed in my patio he cannot do anything for me - stating that his website has a disclaimer stating the slate has iron in it and can colour ....the company I bought the goods from is Hoyland Dismantling
The products were not second had or of an inferior quality .Am I still in a position to act under my consumer rights ?Look forward to your comments
Expert:  Ben Jones replied 5 months ago.

Thanks for getting back to me. Whilst iron may indeed be naturally present in slate, the fact that it has rusted does not mean that it is acceptable and it can still mean that the item in question is not of satisfactory quality. If all the slates had rusted and this was a natural occurrence with any slate you buy, then that would be harder to pursue However, in this case one is fine and not rusting, the other has started rusting which means that it is not of satisfactory quality, even if iron was naturally present in it. Just because it had iron does not mean it should be acceptable for it to rust – after all the other has not rusted

Customer: replied 5 months ago.
Thank you for your response the company are now asking how we can resolve the matter .
Expert:  Ben Jones replied 5 months ago.

ok thanks, ***** ***** you now have to decide what is an acceptable reosluton for you, i.e. a replacement set

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