The Consumer Rights Act 2015 states:
9 Goods to be of satisfactory quality
(1)Every contract to supply goods is to be treated as including a term that the quality of the goods is satisfactory.
(2)The quality of goods is satisfactory if they meet the standard that a reasonable person would consider satisfactory, taking account of—
(a)any description of the goods,
(b)the price or other consideration for the goods (if relevant), and
(c)all the other relevant circumstances (see subsection (5)).
(3)The quality of goods includes their state and condition; and the following aspects (among others) are in appropriate cases aspects of the quality of goods—
(a)fitness for all the purposes for which goods of that kind are usually supplied;
(b)appearance and finish;
(c)freedom from minor defects;
(4)The term mentioned in subsection (1) does not cover anything which makes the quality of the goods unsatisfactory—
(a)which is specifically drawn to the consumer's attention before the contract is made,
(b)where the consumer examines the goods before the contract is made, which that examination ought to reveal, or
(c)in the case of a contract to supply goods by sample, which would have been apparent on a reasonable examination of the sample.
10 Goods to be fit for particular purpose
(1)Subsection (3) applies to a contract to supply goods if before the contract is made the consumer makes known to the trader (expressly or by implication) any particular purpose for which the consumer is contracting for the goods.
(2)Subsection (3) also applies to a contract to supply goods if—
(a)the goods were previously sold by a credit-broker to the trader,
(b)in the case of a sales contract or contract for transfer of goods, the consideration or part of it is a sum payable by instalments, and
(c)before the contract is made, the consumer makes known to the credit-broker (expressly or by implication) any particular purpose for which the consumer is contracting for the goods.
(3)The contract is to be treated as including a term that the goods are reasonably fit for that purpose, whether or not that is a purpose for which goods of that kind are usually supplied.
(4)Subsection (3) does not apply if the circumstances show that the consumer does not rely, or it is unreasonable for the consumer to rely, on the skill or judgment of the trader or credit-broker.
(5)In a contract to supply goods a term about the fitness of the goods for a particular purpose may be treated as included as a matter of custom.
(6)See section 19 for a consumer's rights if the trader is in breach of a term that this section requires to be treated as included in a contract.
11 Goods to be as described
(1)Every contract to supply goods by description is to be treated as including a term that the goods will match the description.
(2)If the supply is by sample as well as by description, it is not sufficient that the bulk of the goods matches the sample if the goods do not also match the description.
(3)A supply of goods is not prevented from being a supply by description just because—
(a)the goods are exposed for supply, and
(b)they are selected by the consumer.
(4)Any information that is provided by the trader about the goods and is information mentioned in paragraph (a) of Schedule 1 or 2 to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) (main characteristics of goods) is to be treated as included as a term of the contract.
(5)A change to any of that information, made before entering into the contract or later, is not effective unless expressly agreed between the consumer and the trader.
(6)See section 2(5) and (6) for the application of subsections (4) and (5) where goods are sold at public auction.
(7)See section 19 for a consumer's rights if the trader is in breach of a term that this section requires to be treated as included in a contract.
You need to write a letter, set out your losses and request a refund within 14 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 14 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 ed legal representation. Over this value, you would need representation for trial.
Can I clarify anything for you about this today, please?
If you need anything further I am available for a follow up at no extra cost.