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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75995
Experience:  Qualified Solicitor
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I bought a Handmade Oak Kitchen Wall Cabinet from Simply

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I bought a Handmade Oak Kitchen Wall Cabinet from Simply Utopia. It was not unpacked for some time as I was moving home. Once opened, three builders / workmen told me that it could not be wall mounted. The item weight over 46kg and is not constructed to bear this weight when suspended on a wall. I have tried to contact Simply Utopia and ask them if I can return the item and gain a full refund as the item is not 'as described' . Am I within my rights as a consumer to ask for this?
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: I have not yet spoken to a lawyer about this matter. I live in the UK.
JA: What steps have you taken so far?
Customer: I have regularly phoned them (left endless messages) and have emailed them to no avail. I have just written with a complaint to their head office about lack of communication and resolution of the matter.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Am not sure what else I can tell them. I am at a loss as to what to do next.

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.

When exactly did you buy the cabinet and was it online or in-store?

Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 12 days ago.
I bought the item in September on-line.

Thank you, ***** ***** did you pay for it?

Customer: replied 12 days ago.
OK. Am waiting.
Customer: replied 12 days ago.
I paid for it with a debit card.
Customer: replied 12 days ago.
When might I expect your call?

Hi I will call shortly, thank you

Customer: replied 12 days ago.
Correction, the item weighs over 36kg not 46kg as was mistakenly initially mentioned.

Hi there, so 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.

An important aspect of the Consumer Rights Act 2015 is that there is an assumption that any issues complained of, which have become obvious or developed within the first 6 months of buying the goods, were present at the time of purchase. If the seller disagrees that his was the case, it would be up to them to prove otherwise, if challenged in court. On the other hand, any issues which develop more than 6 months after purchase, are assumed not to have originated at the point of sale and it is for the buyer to prove otherwise if challenged in court.

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.

Customer: replied 12 days ago.
Thank you Ben. Very helpful. I will follow your guidance. Appreciate your help.

You are most welcome. If you have any further questions about this, please do not hesitate to get back to me and I will be happy to help. All the best