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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11427
Experience:  30 years as a practising solicitor.
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I recently ordered a kitchen from Wren. I work offshore

Resolved Question:

Hello, I recently ordered a kitchen from Wren. I work offshore 3-4 weeks at a time. Eventually I got my kitchen in and several of the units are damaged and one of the units does not fit my boiler at all. So the kitchen is damaged and incomplete. I sent wren an email with photos etc of all the damages but they said because it took me over 28 days to contact them that there is nothing that they can do. I agree it did take over 28 days but I work offshore and I explained that too them. I should have read the small print but didn't. I wasn't told in the showroom either, they just took my money and ran. Is there anything I can do? Thanks!
Natalie Norris-Craggs
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
What Wren mean when they say there is nothing they can do is that there is nothing they will do. Exceptionally bad customer service. And illegal in my view. You should try to get further up the heirarchy until you speak to someone who is prepared to do more to help.
Your argument is contained in the Sale of Goods Act 1979 section 35. That says you have to have a reasonable opportunity of inspecting the goods delivered to you. You were offshore working. It was impossible for you to examine the kitchen until you came home.
Section 35 also says that Wren can't contract out of that provision by putting a clause in their contract or terms or conditions.
You can read the Act online but I have cut and pasted my copy on the section for you below.
I hope this helps. Please leave a positive response so that I am credited for my time.
Note referred to:
35. † Acceptance.
(1)-(2) [&]35
[ (1)† The buyer is deemed to have accepted the goods subject to subsection (2) below
(a) † when he intimates to the seller that he has accepted them, or
(b) † when the goods have been delivered to him and he does any act in relation to them
which is inconsistent with the ownership of the seller.
(2)† Where goods are delivered to the buyer, and he has not previously examined them, he is not
deemed to have accepted them under subsection (1) above until he has had a reasonable opportunity
of examining them for the purpose
(a) † of ascertaining whether they are in conformity with the contract, and
(b) † in the case of a contract for sale by sample, of comparing the bulk with the sample.
(3)† Where the buyer deals as consumer or (in Scotland) the contract of sale is a consumer contract,
the buyer cannot lose his right to rely on subsection (2) above by agreement, waiver or otherwise.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.
I really appreciate your help! If Wren still don't play ball and I have to take this to the next stage then what would that be?