ordered table+2 chairs from madeindesign.co.uk - only 1 came! - shipped from France - made in Italy

[yellowplum]

We ordered 2 chairs that were on offer and a small table, the chairs are a pair and the table albeit from another manufacturer was bought to accompany the chairs. 

 

The delivery arrived finally but only one chair was packaged.  We subsequently contacted the retailer and asked were the other chair was, nothing was heard from them, chased a few times via email.  Today a reply comes that the chair has been discontinued and that they will refund the one chair.  

 

I don't want to be stuck with one chair only and a table.  Can I reject it under the consumer rights act?  The items were delivered on the 24 August 2021.

[AndyOrch]

The Consumer Contracts Regulations Act 2015. These give a legal right of 14 days to cancel the order after receiving it, and a further 14 days to send most goods back for a full refund (including outward delivery costs), even if there's no fault.

[yellowplum]

Problem is they come from France.  There is no physical fault with the items just that they only sent one in the box not two of the chairs, now I am left with one chair and one small table. 

 

They say they can't get the chair as it has been discontinued, however it is still on the manufacturers site - have emailed them to ask if it is discontinued. 

[AndyOrch]

Irrelevant where they are made...your contract is with the Retailer.....which is UK based I assume looking at their website. 

[yellowplum]

No the retailer is in France (they are not made in France) they are supplied from France (made in Itally). 

 

They shipped from France

Edited September 7, 2021 by yellowplum

[AndyOrch]

In the event of a delay in delivery, the Customer may cancel the sale under the terms of article L.216-2 of the Consumer Code, provided that the delivery delay which is recorded is not attributable to the Customer, in particular in the case of the Customer not being available to take delivery.

 

 

Terms & Conditions | Made in Design UK

WWW.MADEINDESIGN.CO.UK

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Leader of modern furniture we offer contemporary design furniture, modern lighting and outdoor designer furniture. More than 10,000 products are...

 

 

Reimbursement of the sums paid by a consumer following the exercise of the right of withdrawal and clarification of the concept of “customized” goods | Soulier Avocats Strategic Lawyering

WWW.SOULIER-AVOCATS.COM

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Pursuant to Article L. 221-18 of the French Consumer Code (“FCC”) introduced by Law of March 17, 2014[1], a consumer who makes a...

 

[yellowplum]

I assume from your quote that you are saying I can't use our own 2015 law but that of the French.  It is as you first thought a little misplaced that one assumes the firm is indeed registered in the UK as they have a UK VAT number as well as a domain, but further digging reveals that they are indeed French. 

 

I have a feeling that the retailer doesn't wish to supply the remaining goods as they have to order them and they are probably full price now rather than the promotional offer they originally sold them to me for.

[AndyOrch]

Im not sure if you can now refer to the CRA subject to Brexit...but as regards the website that should still be covered by the distance selling UK laws.

 

I personally would cancel the whole order and get a refund...they have only partially completed the order therefore they are breach of the contract.....UK and French Law.

 

 

 

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[yellowplum]

Thank's that is my intention, I already spoke to the CC company I paid with and the told me to do the same demanding they collect it and refund it within 30 days, if they don't then they will charge it back to the retailer and deal with it. 

 

I was curious to see if the manufacturer still made the item and if it is just a smokescreen to try and fob me off that they can't get the colour of the chair any longer. 

 

I'll give it 24 hours to see if they respond and then reject it anyway. 

[AndyOrch]

Yes you always have section 75 to fall back on if all else fails.