Remedial action on chair

[silver_manatee]

I bought an arm chair in December 2014 which due to supplier delays arrived in Feb 15 but we didn't start using it in the nursery till baby arrived in June 15. Just prior to using it we discovered the wrong bolts had been sent for the feet so had to get that sorted.

 

Fast forward 4 months and the fabric and seat are showing big signs of wear and tear and I have only used it lightly because baby is still in our room. The seat foam is all dented/compressed and the fabric is pulling threads out both at the seams and on the footstool in the middle of the material.

 

It's clear to me substandard materials have been used. I've contacted the retailer who wants me to return it at my cost (in the T&Cs so fine it'll cost me but it's a £260 chair) They say they'll do remedial work but when I questioned whether that would be recovering it and replacing the foam they said no there's only so much they can do. In my opinion what needs to happen is the substandard materials need to be replaced but if that's not going to happen what remedial works could be done and what rights do I have to accept the action or not? I'm not keen to spend a fortune sending the chair back only for them to cut a few threads off, plump up the cushion and send it back only for more threads to appear and the seat to dip again!

[unclebulgaria67]

I bought an arm chair in December 2014 which due to supplier delays arrived in Feb 15 but we didn't start using it in the nursery till baby arrived in June 15. Just prior to using it we discovered the wrong bolts had been sent for the feet so had to get that sorted.

 

Fast forward 4 months and the fabric and seat are showing big signs of wear and tear and I have only used it lightly because baby is still in our room. The seat foam is all dented/compressed and the fabric is pulling threads out both at the seams and on the footstool in the middle of the material.

 

It's clear to me substandard materials have been used. I've contacted the retailer who wants me to return it at my cost (in the T&Cs so fine it'll cost me but it's a £260 chair) They say they'll do remedial work but when I questioned whether that would be recovering it and replacing the foam they said no there's only so much they can do. In my opinion what needs to happen is the substandard materials need to be replaced but if that's not going to happen what remedial works could be done and what rights do I have to accept the action or not? I'm not keen to spend a fortune sending the chair back only for them to cut a few threads off, plump up the cushion and send it back only for more threads to appear and the seat to dip again!

 

This is going to become a question of economic commonsense. You have rights under Sale of Goods act, as clearly from your comments the chair is not of satisfactory quality and has faults. But to enforce your rights, is going to cost you. You either have to send the chair back at your cost, to have the faults repaired, as the supplier is entitled to try this first. Or you have to obtain an independent inspection report which i think costs about £130 and then take it forward legally with a small court claim if necessary. But quite quickly the cost would be as much as the chair. You always have to allow a supplier a chance to rectify faults, so even if you got a report, you would stll have a chair that needs to go back to the supplier.

 

Whether you like it or not, in the absence of this supplier having a local branch, you are going to have to send it back and see whether they repair the faults. If they don't you are not going to spend money enforcing any consumers rights you have unless you see this as a mission.

 

Lesson may be that you only buy from a local retailer, where you know you can take it back, if there is a problem.

[silver_manatee]

Thanks for your reply. I've found a courier for £30 so that's only a minor issue. It's more about what the retailer can realistically do to improve the chair if I send it back, if they're not willing to replace substandard materials. I'm worried they'll just tidy it up by cutting off a few threads so visually it seems fine then sending it back to me. When the problems reoccur as they are ever likely to if that's all that is done then it becomes a farce to send it back to them at the cost of another £30 only for them to presumably do the same and send it back ad infinitum until the warranty runs out! Or I end up spending the cost of the chair again. What rights do I have to specify how I want the problems to be rectified?

[unclebulgaria67]

Thanks for your reply. I've found a courier for £30 so that's only a minor issue. It's more about what the retailer can realistically do to improve the chair if I send it back, if they're not willing to replace substandard materials. I'm worried they'll just tidy it up by cutting off a few threads so visually it seems fine then sending it back to me. When the problems reoccur as they are ever likely to if that's all that is done then it becomes a farce to send it back to them at the cost of another £30 only for them to presumably do the same and send it back ad infinitum until the warranty runs out! Or I end up spending the cost of the chair again. What rights do I have to specify how I want the problems to be rectified?

 

The chair must be as sold without any faults. So list the faults that you believe exist.

 

The problem with these chairs and sofas bought online, is that the suppliers buy the materials in bulk from China. When they get the order through, they just add the colour of material selected. Some of the quality of the finishing can be pretty poor. With an online purchase, you cannot inspect it before buying and you end up in this situation.

 

If it comes back with the faults still there, you can try to reject it under Sale of Goods act on quality grounds saying the faults should not be there, but they will argue the toss. Then it is up to you to decide whether it is worth the hassle of pursuing.

[silver_manatee]

The chair must be as sold without any faults. So list the faults that you believe exist.

 

...

 

If it comes back with the faults still there, you can try to reject it under Sale of Goods act on quality grounds

 

I think that is the wisest step. Before I send it back I will list the faults and ask them what action they will take to remedy each fault. Then if it is returned to me and the faults continue I have concrete reasons for rejection having given them the opportunity to repair before refund.

[unclebulgaria67]

I think that is the wisest step. Before I send it back I will list the faults and ask them what action they will take to remedy each fault. Then if it is returned to me and the faults continue I have concrete reasons for rejection having given them the opportunity to repair before refund.

 

I read of a case involving one high street retailer in a similar situation where a lady took them to court. The Judge decided to visit the ladies house, with the various people attending and ruled in the ladies favour. The retailer argued the toss about the quality expected for a price and this is why it went so far.

 

Now i don't expect the same to happen, but don't think that taking them to court will be an easy remedy, if they reject your complaints about faults. They are likely to repair some faults and say that for the price, the product meets the quality level expected.