Many thanks for your patience. When a consumer makes a purchase from a business seller, they have certain 'statutory' rights under the Consumer Rights Act 2015, which states that the goods must be:
- of satisfactory quality – they must not be faulty or damaged when received
- as described – they must match any description given at the time of purchase
- fit for purpose – they should be fit for the purpose they are supplied for
If they do not meet the above requirements, you will have certain legal remedies against the seller. In your case you would be arguing the item is not as described as it does not match the description of what you actually bought.
The rights against the seller are:
1. Reject the goods and request a refund – this is known as the ‘short-term right to reject’ and must be done within 30 days of purchase or delivery.
2. Repair or replacement – this can be done within the initial 30 days, or after that if the consumer can no longer reject the goods for a refund. It is the consumer’s choice as to whether they opt for a repair or replacement. Alternatively, if the consumer wants to keep them, they can ask for a price reduction, based on what is wrong with them.
It is also important to note that the law assumes that any issued which develop within the first 6 months of buying the goods were present at the time of purchase, unless the seller can prove otherwise. If they develop more than 6 months after purchase, it is for the buyer to prove that they were there at the time of sale.
Once a decision has been made on which option you would pursue, you must contact the seller and advise them. If they refuse to discharge their legal obligations under consumer laws, you should remind them of these as per the details above. If they still appear reluctant to assist, write to them one final time, warn them that they have 7 days to comply and inform them that if they fail to honour your statutory rights, you will have no choice but to report them to Trading Standards and start legal proceedings through the courts to seek compensation.
Does this answer your query?