Online purchase

Mildred

New Member
Nov 30, 2011
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I purchase an item of furniture online which was damaged upon delivery.
I sent photos to supplier,who asked it I would accept a discount to which I replied No. I would like a replacement. This was over 9 months ago and still awaiting replacement. Have sent numerous e mails which they either ignore or say they will speak to supervisor and let me know outcome. Still waiting
What should I do now?
 

trickygj

Moderator
May 31, 2010
400
1
18
Cheshire
www.richardgjohnson.co.uk
Mildred

Under the Sales of Goods Act 1979 if goods are delivered damaged you have the right to reject them for a refund (which you probably should have done in this case and then re-ordered) or ask for a repair/replacement.

Under s48(b)(2) of SOGA

If the buyer requires the seller to repair or replace the goods, the seller must repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer and bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage)

s48(b)(5)
Any question as to what is a reasonable time or significant inconvenience is to be determined by reference to the nature of the goods and the purpose for which the goods were acquired.

I would write to the manager/head office (recorded delivery) giving them all the information and request that they reply within 7/14 days. Inform them that the amount of time is unreasonable (quoting relevant sections of SOGA). If they do not reply write again and give them 14 days to sort the problem out or you will consider legal action.

If you bought the goods on credit send a copy to the credit card company as they are also liable if the goods were over £100 up to £30,000.
 

Mildred

New Member
Nov 30, 2011
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i PAID USING A CREDIT CARD, NOT SURE OF COMPANY SIZE BUT THINK IT TO BE QUITE BIG
 

trickygj

Moderator
May 31, 2010
400
1
18
Cheshire
www.richardgjohnson.co.uk
Mildred

An advantage of using a credit card is that, under section 75 of the Consumer Credit Act 1974, customers who have a claim against a supplier for breach of contract or misrepresentation will generally have an equal claim against the card issuer.

Claims are often made against the card issuer when the supplier has gone out of business or disappeared. Firms will sometimes tell customers that they must first get a court judgment against the supplier. That is wrong. The customer can choose whether to claim against the supplier, the card issuer, or both.

For section 75 to apply, certain conditions must be met. Most credit card purchases will be covered, but:

the cash price of the goods or services must be more than £100 and not more than £30,000; and

purchases are not covered if they are made by debit cards or by charge cards (where the monthly bill has to be settled in full).

So I would get in contact with your credit card company and tell them you want to claim under s75. They will no doubt get in touch with the company themsleves to try and sort it out.