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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 16814
Experience:  Solicitor
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I purchased a solid Oak kitchen worktop from on-line store

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I purchased a solid Oak wood kitchen worktop from on-line store Kitchen Surplus on 29th March 2020 for £279.99. It was delivered as agreed on 1st April 2020 and I inspected it for dimensions and damage and found it to be satisfactory. It was only on machining it on 19th April that it became apparent that whereas I had ordered Oak species the supplier had delivered Beech species. I contacted Kitchen Surplus to ask for their mistake to be rectified.When I told Kitchen Surplus that I had only discovered their error when I altered the product they pointed to their Terms & Conditions which say that if I alter/machine/cut the worktop I am deemed to have accepted it: their error becomes my error - unless I can demonstrate otherwise. The supplier has simply offered to repay the difference in price between Oak and Beech (and if I chose to, a discounted price to order Oak once again).Shrink-wrapped, dry, sanded solid wood does not display the distinctive species colour and grain patterns of wet or oiled wood. When checked through the shrink-wrap I missed the supplier's mistake. I checked for quantity, size, and condition. Yes, there is a label with small writing on one edge that includes the word Beech. The delivery man referred to the label solely to say that when the text was the right way up it indicated the intended top surface of the worktop. I did not consider that Kitchen Surplus would have sent the wrong wood species and did not note the words on the label.Am I being unreasonable? Are those Terms and Conditions fair under the Consumer Rights Act? Must I accept them? The Ts & Cs also state that Kitchen Surplus warrants to supply what I ordered. They failed to do so. Is that not a breach of contract by them? I would be grateful for your view. The trader's details are:Direct Online Services LtdT/A KitchenSurplusJosh MatthewsUnit 6, Brearley Court, Baird RoadGloucesterGloucestershireGL2 2AFUnited KingdomVAT number: GB(###) ###-####63
JA: Since laws vary from place to place, where is this? And when was the warrant issued?
Customer: Direct Online Services Ltd T/A KitchenSurplus Josh Matthews Unit 6, Brearley Court, Baird Road Gloucester Gloucestershire GL2 2AF United Kingdom VAT number: GB(###) ###-####63
JA: What steps have you taken so far?
Customer: Written to ask for the correct item or a full refund
JA: Anything else you want the Lawyer to know before I connect you?
Customer: It is all in my first message to you

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Customer: replied 15 days ago.
Have you had a chance to read my summary?
Customer: replied 15 days ago.
No live call thanks. Just a response to the summary of the situation I sent please.

Actually, I'm not sure this is my area.

I will opt out for others.

Hello my name is ***** ***** I will help you with this.

What is it you want to achieve please?

Customer: replied 15 days ago.
A refund

You need to write a letter, set out your losses and request a refund within 30 days or say you will go to Court. This is called a pre-action protocol letter of claim. You should make sure you send this signed delivery and keep a copy. You must give 30 days warning before going to Court.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7 and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value, you would need representation for trial.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate.

If you need anything further I am available for a follow up at no extra cost.

Customer: replied 14 days ago.
Dear Jamie. Thank you. I am trying to establish whether my assertion ... that the trader should not rely on his Terms and Conditions (which say I must check for damage carefully before accepting) to avoid responsibility for sending me the wrong goods - a Beech, not an Oak worktop ... is a reasonable assertion. Shrink-wrapped, dry, sanded solid wood does not display the distinctive species colour and grain patterns of oiled wood. When checked through the shrink-wrap I missed the supplier's mistake. I checked for quantity, size, and condition. Yes, there is a label with small writing on one edge that includes the word Beech. The delivery man referred to the label solely to say that when the text was the right way up it indicated the intended top surface of the worktop. I did not consider that Kitchen Surplus would have sent the wrong wood species and did not note the words on the label. I machined what turned out to be wrong wood species which makes their gross error become my technical error. Is this a reasonable matter for which to claim damages (the purchase of a replacement)? Thanks.

No, they are in breach of the Consumer Rights Act 2015

Does that clarify?

Customer: replied 14 days ago.
Dear Jamie. Thank you. I understand you to mean that you think the trader's use of their Terms and Conditions is a breach of the Consumer Rights Act 2015 and that I therefore have a justifiable claim for damages.

Correct.

Does that assist?

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 16814
Experience: Solicitor
Jamie-Law and 2 other Law Specialists are ready to help you
Customer: replied 14 days ago.
Dear Jamie. Yes thanks, ***** ***** assist. I will not trouble you any more! Kind regards, Hugh

Pleasure Hugh