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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 62716
Experience:  Qualified Solicitor
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I own a florist and sold door wreaths at Christmas. A

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Hi, I own a florist and sold door wreaths at Christmas. A customer who purchased a door wreath has come into store to say that she hung the door wreath on an outside wall and there is now a rust mark where the wreath was hung. She would like us to do something about it. I don't know where we stand. Can you help?
Assistant: Where are you? It matters because laws vary by location.
Customer: Haywards Heath, UK,
Assistant: What steps have you taken so far?
Customer: None at all, she is requesting we go and visit to look
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Customer: replied 15 days ago.
Ok

So is it possible that the wreath could have caused the rust?

Customer: replied 15 days ago.
Yes, the wreaths are made on a steel frame with the decorations secured with steel wires. This customer purchased one last year and hung it in the same place. But this year we have obviously had a huge amount of rain

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

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

 

So if you are supplying a product which is meant to go outside, then a customer can expect it to be weather-proof, such as from stainless steel.

 

In the event the item did not satisfy the above criteria, the customer’s 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. Any damages for additional costs can be claimed in addition

 

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. The most likely scenario here is just to offer to repaint the door, which shouldn’t cost too much

 

Does this answer your query?

 

Customer: replied 15 days ago.
No not really. The wreath is a door wreath and is sold as a door wreath. The customer chose to hang the wreath on an outside wall. The wall is sandtex and not painted and sealed as an exterior door is. Any marks would wipe off of an exterior door. There is no complaint from the customer about the wreath itself. It is in perfect condition and still looks as it did when it was sold 5 weeks ago. The customer had admitted that the wall is a specialist material as she has consulted the builder how to clean it, but his advice has not worked.

Sorry I thought it was on an outside door, not on a wall. In that case you can argue that she has used the wreath beyond the scope of what it was sold for and as such there is what is known as contributory negligence so that she has to take a large part of responsibility for what happened. To be honest you cannot be forced to do anything about this and you can refuse to accept liability. The only way for her to make you pay s by making a claim in the Small Claims Court and winning. Even if she does you will not be at an increased risk of having to pay out a lot more as each side pays their own legal costs and it may be worth taking your chances. Does this clarify things a bit more for you?

Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 15 days ago.
Yes, thank you very much for all your help and advice

All the best