Furniture and the Consumer Rights Act 2015

[laidlow]

Hello everyone,

Last month, I purchased (£200) an armchair which was on display in a furniture store - I'm a pensioner and explained as I have a bad back I wanted that exact chair as it was comfortable and others of the same model might feel different. Two of us tried the chair in store but when it arrived we both thought it must be a different chair since it was so uncomfortable in the back. I went back to the store and they said I could only have a credit note.

I then found another chair (£300) and was told this one wouldn't be able to be returned since it was being ordered for me (as if it was bespoke). My card was charged the additional £100 and the 'new' chair arrived a few weeks later. It was flawed and had parts missing. The manufacturer themselves told me they have lots in stock in the colour I requested so there was nothing 'made to order' for me at all and the one I was delivered was actually made months before I placed my order. As it's flawed, I understand it wouldn't matter if it was bespoke or not anyway... but it's definitely not!

I notified the retailer of the flaws on the 'new' chair by phone within minutes of delivery and sent emails with a photograph. I was ignored for 3 days so wrote a recorded delivery letter requesting a refund. They then contacted me but have taken the view that they had no reason to take back the original chair and it was only a goodwill gesture. They are only offering to swap that one back for this 'new' chair or to fix the issues on the 'new' chair.

Am I entitled to a full refund (£300) in this situation?

Thanks

[R0b]

Re: Furniture and the Consumer Rights Act 2015

Short answer is maybe.

How long have you had the second chair, is it less than 30 days? Do you have in writing of the manufacturer confirming that the chair was not a bespoke chair?

You have complained, they offered a replacement which you accepted, and now there are further problems with the new chair. The question is whether or not the second chair is a new sale or forms part of the first sale, which arguably is not because you paid a further price for it and only cost you £100. If that is the case then if you have had it more than 30 days they can offer to repair or replace it, if problems still persist then you could get a refund.

I is suggested that you now write back to them and directing them that you have a right under the CRA 2015, you are requesting a full refund of the amount paid. You paid for the first one, which was not suitable and had problems, then you were offered a second albeit you paid extra. The company claimed it was a 'bespoke' chair which was entirely incorrect after inquiries with the manufacturer. The second chair also has issue with parts missing and as a result are now entitled to a refund.

Should they fail to do so then you will consider other means of recovering the amount.

Is this a well known company or a small independent one?

[des8]

Re: Furniture and the Consumer Rights Act 2015

IMO you are entitled to a full refund under the Consumer Rights Act 2015 .
The new chair is faulty and you have rejected it.
The first contract you had with them was rescinded, for which you received a credit note.
Your next purchase was a new contract, and you will be fully protected by the new act.

[laidlow]

Re: Furniture and the Consumer Rights Act 2015

Many thanks for your replies. It's an independent company who I've used in the past, albeit about 15 years ago and never had any issues on that purchase all those years ago.

I've had the 2nd chair less than a week. I spoke to the manufacturer on the phone who told me that it's basically a mass produced chair which just comes in different zip-over covers. In the colour I selected they said they have lots in stock as do different retailers round the U.K.

The letter that I wrote to the retailer did state I was asking for a refund under the CRA 2015 as the chair is not of satisfactory quality being that it is flawed and missing parts. They've then, on the phone, used the 'goodwill' reasoning on the 1st chair as to why I can't have a refund of the 2nd chair.

Unfortunately I can only see my options as either pursuing a Section 75 refund or a Small Claims action. I've never done the first but have jsut spoken to the card company who say it can take 8 weeks to process. I've done Small Claims once before on a faulty Dell laptop and was successful so I'm ok doing that but obviously I just hoped they would acknowledge where I believe I stand as per the CRA 2015 and then it could all be avoided.

[R0b]

Re: Furniture and the Consumer Rights Act 2015

It is entirely up to you whether you go down the s.75 route or small claims, whichever is more comfortable for you. It sounds like they are not very clued up on consumer rights. Even if they were to argue that the second chair was a completely separate contract to the first you could argue that you are within your 30 day rejection period and entitled to a refund.

If you do the small claims route, make sure of course to send a letter before action outlining the issues and why the chair is faulty. It would also be helpful to confirm in writing by the manufacturer that the chair sold to you is not a bespoke one, because you could also get them on fit for purpose too as you specifically requested that the chair be suitable for your needs.