issue with habitat online purchase - **resolved full refund under soga**

[Liberty13]

Hi Everyone,

 

I wonder if anyone can give me some advise on this issue:

 

I bought a picture frame in April as a gift for my mom.

 

As the picture to go in it hadn't been ordered yet when it arrived I looked at it but didn't take it out of it's packaging.

 

When I decided to have a good look at it I was a bit perplexed by the set up.

 

It's slightly unusual and there were no instructions at all.

 

Attempting to remove some of the fixtures at the back was pretty awkward endeavour

because they were very rigid and scraped against the board.

 

The wood beneath one of the fixtures was slightly splintered and I didn't know how to get that one out

without causing more damage so I stopped and contacted the company for advice/instructions.

 

However they couldn't give me any at all;

but as I explained it also had some damage they offered to send a replacement.

 

Now, the frame is quite beautiful and I didn't necessarily want to get rid of it and thought about getting someone to put it up.

 

I didn't request the replacement because I considered the major issue to be the set up.

 

I've been quite sick during this period, (more so than usual, I have a chronic health condition)

and to be honest put it on the back burner.

 

There are things I should have returned during this period that I just kept or that have broken

and I haven't bothered to send back because it was too difficult to deal with.

 

Now the company is refusing to refund citing their 30 day money back guarantee.

 

I've explained everything above and that I had held onto it thinking I might get someone to fit it

but then decided I didn't want to pay what is cost to buy the frame itself to do so.

 

Other than the 30 day money back guarantee which I can't obtain a refund under

do I have any other rights or do I just have to suck it up and cut my losses?

 

Thanks

 

L.

[dx100uk]

sale of goods act.

 

warranties/guarantees are in ADITTION to your statutory rights.

 

dx

[Liberty13]

Could my delay void those rights?

[renegadeimp]

You have up to 6 years. So no.

[Liberty13]

There is a part in the Sales of Goods Act regarding acceptance and rejection of faulty goods. On the OFT site it states:

 

"Customers are entitled to reject goods if they are faulty

(do not match the description, are not of satisfactory quality,

or are not fit for purpose) and receive a full refund if they have

not yet accepted the goods.

 

Before a customer is believed to have accepted the goods

they have purchased, the law allows customers a reasonable

opportunity to inspect or examine the goods and this should

take place within a reasonable time."

 

And also this:

 

"Faulty goods that have been accepted

If the item does not conform to contract (is faulty) for any

of the reasons outlined and the customer has accepted the

goods, the law says the customer is entitled to claim a repair

or replacement of the goods in the first instance..."

 

I'm not sure which one applies to my situation tbh.

[renegadeimp]

Just reject it and tell them you want a replacement or refund.

[Liberty13]

Update:

 

I emailed back the company citing the Sales of Goods Act

requested a refund on account of it being faulty and not fit for purpose.

 

Received an apology and am now getting a refund.

 

It makes me wonder if staff are aware of the store's obligations regarding things like this from the start

and try to avoid giving refunds when they can, or if some of them just genuinely don't know...

 

Thanks for the help,

 

L.

[dx100uk]

most just don't know sadly.

 

well done !!

 

 

dx

[dx100uk]

and the company was?

 

and was this an online sale please?

 

dx

[Liberty13]

Thanks, yeah I bought it from Habitat online.

 

L.

[dx100uk]

ok great they deserve to be in the thread title for the outstanding service.

 

thread title amended.

 

dx