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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73811
Experience:  Qualified Solicitor
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I purchased a gazebo but the struts broke and I received a

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I purchased a gazebo but the struts broke and I received a replacement free of charge at the end of August 2020. I did not attempt to replace the parts until Sunday last only to find I had received the incorrect parts that should have been 300cm in length, not the 250cm length they sent me.
They are now saying the following “Unfortunately, any issues you have with your item needs to be reported within the first 30 days of purchase for us to assist with is.” I did not purchase the said item, it was a replacement part, having no paperwork what-so-ever
in the package just the parts.How do I stand
JA: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: No
JA: What steps have you taken so far?
Customer: None so far
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

How did you pay for it? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Customer: replied 6 days ago.
by debit card

Thank you very much for clarifying. First of all, I am sorry to hear about the issues you have experienced in your situation. When a private consumer makes a purchase from a business seller, they have certain 'statutory' rights under the Consumer Rights Act 2015. If you wanted to refer to the legislation directly, please follow this link:

https://www.legislation.gov.uk/ukpga/2015/15/contents/enacted

The Consumer Rights Act 2015 specifically states that there is an expectation that goods must be:

- of satisfactory quality – they must not be faulty or damaged

- 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, the consumer will have certain legal remedies against the seller. Any rights against the manufacturer will only be under a manufacturer’s warranty or guarantee that came with the goods, which is entirely separate. It is, however, important to note that there is no protection against fair wear and tear, misuse or accidental damage.

If the goods do not meet any of the above criteria, the consumer’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 applied within 30 days of purchase or, if later, delivery.

2. Repair or replacement – this is still an option in the first 30 days, if the consumer does not want a refund and becomes the standard options after the 30 days have passed. It is the consumer’s choice as to whether they choose a repair or a replacement. If a repair is chosen, the seller is given one opportunity to provide a satisfactory repair, meaning that if it fails, the goods can still be rejected for a refund, even after the initial 30 days have passed. Alternatively, if the consumer wants to keep the goods, they can ask for a price reduction, based on what is wrong with them. That is something to be negotiated with the seller.

So it is not correct that you only have 30 days to report any issues, that only applies if you wanted to reject the item for a refund.

Once a decision has been made on which of the above rights to pursue, the seller should be contacted, preferably in writing, to discuss that with them. If they refuse to discharge their legal obligations under the Consumer Rights Act 2015, a formal letter before action should be sent, asking for the desired resolution and making it clear that legal action could follow through the courts.

In the event this matters needs to be taken further, the following are the relevant links:

A report to Trading Standards can be submitted first: https://ssl.datamotion.com/form.aspx?co=3438&frm=general&to=flare.fromforms

Afterwards, a claim can be pursued in The County Court: https://www.moneyclaim.gov.uk/web/mcol/welcome

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

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