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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I have a leather suit bought direct from the manufacturers

Resolved Question:

i have a leather suit bought direct from the manufacturers Springvale Leather Furniture ltd. We Also bought a care kit of them and used it as instructed. Before six months a mark accrued on each side of the recliner chair, on the arms. I took pictures of the fault as they ask and after three more visits to the showroom asking when they would come out as they kept braking there promises. Eventually there Director came out when he said it was to do with my blood pressure medication. At the time of buying the suit there was know mention this could happen. They offer use covers for the arms but I am not happys with this. I have sent a letter to them asking them to repair it or replace the chair there as was the same they would only give me covers for the arms. Spending over £1200 on the chair alone i do not feel this is fair result
Brian A Smith
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

At the time of buying did you tell them you will be using such medication on or near the furniture?

Customer: replied 1 year ago.
No because they did not ask and did not give the information that my medication could damage the leather
Customer: replied 1 year ago.
10/09/2016 09:46No because they did not ask and did not give the information that my medication could damage the leather
Expert:  Ben Jones replied 1 year ago.

The main issue here would be that you did not specify what you would use the chair for and what may come into contact with it. As you can imagine, the sellers will not be expected to go through every possible option with you and ask you questions about how it may be used or what may come into contact with it so this would be your responsibility to check before buying that it would be suitable or not damaged as a result. There are unlimited possibilities as to what may come into contact with the furniture so it is for you, as the customer, to enquire about the possible issues that may arise if you know that something other than what would be considered normal use, would come into contact with it.

As far as your legal rights are concerned, 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,

The item was of satisfactory quality when received, it was as described and to argue that it is unfit for purpose when you did not specifically buy it for administering medication on it and it was not descried as being fit for such purpose, would be difficult too.

So from a legal perspective this would likely come down to misuse because you have used substances which are not considered normal use on it and you did not check that it is compatible with such substances.

So t be able to get them to repair or replace the chair you must be able to show that it was the actual chair or materials used on it that were faulty. Bringing medication in contact with the chair is not going to be considered normal use which makes it faulty, unless t was specifically bought for this purpose and described as such, or you had enquired about it at the start and given promises that it will not affect the chair in any way. It is like saying that you have placed a hot drink on the arms and it has left a mark – this is not considered normal use and unless it was described as being heat-resistant then there would be no argument that this was a faulty product.

There are steps you can take to pursue this further and pile some pressure on them to try and resolve this, but in the end if it is considered in court, the above is what it would look at when making a decision.

This is your basic legal position. I have more detailed advice for you in terms of the options you have 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

Customer: replied 1 year ago.
if they have gave me the information that my medication would ruining the leather I would not bought the suit
Expert:  Ben Jones replied 1 year ago.

I understand that but did you specifically told them that you would be using such medication when you bought it? Because as mentioned they cannot be expected to sit down with you and cover ever possible thing that may come into contact with it and how it would affect it - that is impossible as the options are countless

Customer: replied 1 year ago.
this medication prescribe by the doctor is used by millions of people in the UK and I am sure that all of them that have bought leather suits have not had this problem
Expert:  Ben Jones replied 1 year ago.

I am afraid legally it does not work like that, different materials can react in a completely different way with each other, so just because someone else has the same medication and a leather chair which has not reacted int he same way does not make yours faulty. It is very easy for me to say that you have a claim and to go for it but it is not my position to falsely advise you just to give you the answer you want, so I do have t be honest. Therefore, legally you will need to show that the chair is not fit for purpose but using medication which is not going to be considered normal use unless it was sold for that purpose, will be difficult to argue that it makes the chair not it for purpose

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