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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50140
Experience:  Qualified Solicitor
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have purchased a suite comprising of a 3seater a 2 seater settee

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have purchased a suite comprising of a 3seater a 2 seater settee and a armchair all reclining, had to call service manager out because the 2 seater is mishaped and the whole suite is uncomfortable and not what we expected having sampled the one in the shop which has been in the shop 5 years and has softened over time. they have offered to swap the 2 seater although i queeried colour match. i said not satisfied with suite as a whole and asked if we could change for another suite if we paid the same or more money. were told they would do that but i would have to pay a 20% surcharge for collecting and selling, can they do this as i questioned customer service and statutory rights? thankyou
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. When did you buy these items?

Customer:

in july but took deliveryon sat 23rd august

Ben Jones :

When a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Sale of Goods Act 1979 and the Sale and Supply of Goods to Consumers Regulations 2002.

The law states that the goods must be of satisfactory quality, as described and fit for purpose. If they are not, you will have certain legal remedies against the seller.

If the goods are not as described, of satisfactory quality or fit for purpose, you have the following rights:

1. Reject the goods and request a refund - this is only possible if the rejection occurs within a 'reasonable time'. This period depends on the circumstances, although it is generally accepted to be within the first month after purchase, so must not be delayed.

2. Ask for a repair or replacement – if you are too late to reject the goods, you can ask the seller for a repair or replacement without causing any significant inconvenience.

A useful rule is that if the goods are returned within the first 6 months after purchase, the law assumes that they did not conform to 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 goods are returned more than 6 months after purchase, it would be down to the consumer to prove that the goods did not meet the statutory requirements set out above at the time of sale.

If there is still time to reject the goods and request a refund, you may do so. If you appear to be too late to reject the goods, you can still try and resolve this by contacting the seller and asking them for a repair or replacement. You can quote the applicable laws and rules 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:

can they request a 20% surcharge to change the suite

Ben Jones :

no, please see my last paragraph regarding that

Customer:

thankyou

Customer:

that is all thankyou

Ben Jones :

you are welcome, all the best

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