How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48159
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

I am not satisfied with an armchair I bought 6 weeks ago and

Customer Question

I am not satisfied with an armchair I bought 6 weeks ago and wish to have a refund.
The fabric on the chair has a particular nap and where you sit it appears that you have had an accident. I was advised 4 weeks after purchase to turn the cushion and by sitting on the other side the nap would change through friction of sitting and the mark disappear. It has not done so and now I have marks on both sides of the cushion.
I was told that this happens several times a year with other customers who are not happy. for the same reason.
Please advise
Sandra ********
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.

Did you buy this online or in store? Please note I am travelling so may not be able to reply until later this morning thanks

Ben Jones and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
I bought it in store and sent a cheque a week later
Expert:  Ben Jones replied 1 year 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.

Customer: replied 1 year ago.
Hello Ben,
Your advice on the telephone seems to differ to the above advice! You said I should ask the store for a refund in writing because the fabric marks and is not fit for purpose, but the above states this is not possible after 30 days. Please clarify
Sandra
Expert:  Ben Jones replied 1 year ago.

It was not me who you spoke to on the phone, so if you were told that you have an unconditional right to reject it for a refund regardless of when you bought it then that is wrong: please see here:

http://www.which.co.uk/consumer-rights/regulation/consumer-rights-act#30-day-right-to-reject

You will see that after 30 days you cannot just get a refund and that would only be an option if a repair or replacement are not possible

Customer: replied 1 year ago.
Hello JustAnswer,
Please clarify the fees that I have paid for this advice. It seems I have paid twice, once for email advice and again for a phone call. It was not explained that the phone call would be an extra charge and I thought it was supplementary to the fee already paid and that I would be charged an extra £
Sandra ********
Expert:  Ben Jones replied 1 year ago.

Hi there you pay a fee for each type of service - the written response and the phone call - you would have been given a specific price for the phone call when you decided on whether to accept that or not. If you wish to get a refund on the phone call part then you may contact customer services on***@******.***