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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44929
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My daughter has had some made to measure lounge curtains,

Customer Question

Hi,
My daughter has had some made to measure lounge curtains, supplied & fitted some 8 months ago. At the time of fitting she experienced several problems & the company had to return 3 times to right these problems. She had a further problem with the track but was too embarrassed to call the company again, so decided to live with the problem. However, the problem has worsened & the curtains are falling off the track. She has also found the curtains are fading beyond a reasonable expectation, she was never advised that the fabric chosen could be prone to fading. She has contacted the shop & requested someone come to her home & take a look at the problems. The manager has been extremely rude, shouting at my daughter, calling her a liar & telling her that fading is an act of God so sue God! The company so far has made no appointment to visit & fails to return phone calls. I would be very grateful for some advice please. Thanks, Jan
Submitted: 3 months ago.
Category: Law
Expert:  Ben Jones replied 3 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 3 months ago.

Apologies for the slight delay. Do you know whether your daughter bought these in-store or did she buy them online?

Expert:  Ben Jones replied 3 months ago.

Many 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.

If the goods do not meet the criteria mentioned above, she 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 she is too late to reject the goods or does not wish to get a refund straight away, she 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, she is still entitled to ask for a refund, or a price reduction. Alternatively she could get a second repair or replacement at no extra cost to her. However, the retailer can refuse if they can show that her 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 she is outside of the initial 30 days and is too late to reject them, she can still try and resolve this by contacting the seller and asking them for a repair or replacement. She 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, she will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation for her losses.

This is your basic legal position. I have more detailed advice for you in terms of the steps she can take if she wants to pursue 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 3 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 3 months ago.

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

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