To expect a part refund?

[lionsleepstonight]

I'd like to see people's thoughts as I did play a part in an error, and not sure if my judgement is clouded.

I ordered a piece of furniture, and due to renovations still ongoing didn't inspect or unpack the item for a month. (My mistake).

When I did, I noticed damage to one part (it's made up if 3 smaller pieces that link up to make one big one) and I had been sent the wrong colour.

After initially refusing the damage claim, the company did accept it was a factory fault rather than damaged in transit or after I'd received it.

But did not accept that the wrong colour had been sent.

We agreed a way to fix the issue was for me to be sent a replacement unit. This was received and when it was put next to the other 2 pieces you could see it was a different colour, so I sent it back. They don't have the unit in the colour I have.

They have now accepted they sent the wrong colour.

I accept that I didn't raise the issue within 30 days so I have lost the right to return the item and request a refund. I have looked at my consumer rights and I have read that as the item is not as described I can request a refund, part refund.

I have explained this to the company who have offered me £100 refund and the item cost £1,350.

I don't feel this is sufficient to say I was sent the wrong item and it was damaged.

Obviously I am kicking myself for not checking the item sooner.

I don't quite understand what you have now. If I'm reading you correctly, you originally ordered 3, (let's say) light blue pieces. You received:
3 dark blue pieces, one damaged.

You then returned the damaged dark blue piece and were sent a navy? piece. Which you then sent back again as it was the wrong colour and didn't match.

So what do you have now? Two dark blue pieces? Three?

If you only have two thirds of a unit you obviously push for more than a £100 off!

Yes, I've still got the original 3 units, 1 damaged and all the wrong colour.

It is like you've described, a light dark difference. But still not what I ordered.

They won't let me return it, but are refusing to refund more than £100.

I've quoted the consumer act, but am interested in seeing what people think a reasonable refund would be, and what my next steps of action should be.

What damage is there? Would you be willing to accept that colour or a discount for damaged item? If there is a fault you have longer to raise it and get a refund than the standard distance selling rules. Have you formally rejected the goods?

It's a difficult one. After 30 days you are not entitled to a full refund. You can ask for a replacement, but they no longer have the colour you want in stock, so you wouldn't be happy with that anyway. I'd get a replacement damaged part, as much of a refund as you can, and then sell it and buy the colour you want elsewhere.

Surely the company can accept they sent you the wrong colour so should remedy that. You can't get a refund but you are entitled to have the product you ordered in the colour you ordered

She said it's out of stock though.

Is there another colour that would be acceptable or is there a date by which it will be back in stock ?
If not then I do agree you're entitled to a full refund. This isn't a change your mind scenario!

If the item is faulty/damaged and part of a set then you generally have up to 6 months to return it, the set that is not just the damaged part of they are meant to go together.

6 months isn't set in law because in theory you can have longer but should it go to court 6 months is a general time used.

As it is faulty then you should be getting a full refund on return. Furniture retailers are absolutely dreadful on returns and refunds so go to citizens advice and ask them then follow their advice on how to proceed. Once you've had advice from somewhere like citizens advice they generally buck up their shitty ideas.

Go through your bank, they’ll sort it out for you via Visa or Mastercard

If you’re in the UK they need to provide you with a full refund, given they’ve accepted the fault was there at point of delivery and their attempt to repair it has been unsuccessful.

We bought an eye wateringly expensive custom sofa bed and it only became clear it had faults after a month. Repairs were unsuccessful so we returned it and got a full refund under the Consumer Rights Act 2015 because it was of unsatisfactory quality.

Your item is both unfit for purpose (broken) and not as described (wrong colour) so they’ve got a cheek offering you just £100 of the £1350 paid!! Quote the Consumer Rights Act to them and say you’ll put your complaint in writing next, with a view to taking them to the small claims court, if it can’t be resolved.

If tney've accepted it's a factory fault then logically it was damaged at the time of purchase so you're entitiled to a full refund. If they've eventually admitted they sent the wrong colour originally and it's out of stock then they can't replace it, so again you're due a full refund. Did you buy directly from the manufacturer or was it via a third party eg John Lewis? If it was third party, I would also look at contacting the manufacturer directly to see if they can help resolve. As a PP has said, if you paid using a credit card, then it's worth contacting them to see if you can do a chargeback.

Distance selling regulations are more on the side of the consumer than if you bought the item in the shop, so I think you should persist in pursuing the refund.

I would be persisting with the company, and demanding replacement of the defective piece - a payment is no use if you can’t use the piece of furniture you’ve ordered. Ask them whether it’s possible to wait and get the replacement piece in the colour currently out of stock - if not, then tell them you need the whole thing replacing. I understood that, legally, something has to be fit for the purpose for,which it is sold - so if you had changed your mind after 30 days, tough, but as it’s their mistake, they should rectify it. But be persistent - I find that mostly, you will get what you want eventually, even if it’s only to get you off their case!

This is incorrect! The consumer rights act changed in 2018 and now customers of ANYTHING have SIX YEARS to claim for a fault. However after 6 months, the customer has to prove it. Within 6 months, the business has to prove it wasn't faulty.

But it's not the fault that's the problem, it's the colour. They already sent her a replacement part, but she sent it back to them.

As I understand it op still has the original damaged piece. As bought as part of a matching set they can reject as company cannot rectify it within an acceptable timeframe.

They sent the wrong item that alone deserves a refund if it cannot be replaced. would you accept a credit note or a different colour?

Thanks all.

Yes, I'm exactly where I started. Damaged unit in the wrong colour.

Two replacement pieces have been sent. First was damaged and the second was the wrong colour (but happened to be the colour I'd ordered).

They just keep saying I didn't inform them in time (which is correct).

To be honest, I'm tired of waiting in for deliveries and considering requesting a refund via section 75?

Did you pay by credit card?

If you want a refund you beed to send a letter requesting such and asking them to collect asap at your convenience. You are rejecting faulty/damaged goods.

Yes, paid by cc.

Go to your card. YOU haven’t paid, your banks has with their money. They’ll raise a dispute and chase on your behalf. 100% you’ll get a full refund. I used to work in e-commerce

They should refund you as they were not able to provide a replacement in the colour you ordered. Yes you are not automatically entitled to a refund if you complain after 30 days, but you are if the replacement doesn't actually fix the problem.

The colour being wrong means the item is not as described, which is also covered by your consumer rights (in addition to faulty items).

See here and section quoted below - www.which.co.uk/consumer-rights/advice/i-want-to-return-my-goods-what-are-my-rights-ams3G2z9V7lW#your-statutory-rights-when-returning-goods

Your return rights after 30 days
If you don't reject the goods within the first 30 days, and find a fault within the first six months of possessing your faulty goods, you'll need to give the retailer a chance to make a repair or replacement. If that's unsuccessful, you can then ask for a refund.

I would push them for a refund again (assuming you are happy for the item to be returned?). Send them this article and quote the Consumer Rights Act. Give them a reasonable but short deadline e.g. 3 working days. If no luck do a chargeback through your bank. Check the chargeback timeframes for your bank asap - you may not have the luxury of time here.

Thanks All - @TheLette I have followed your advice and requested a refund within 3 days, otherwise I will request a chargeback. I called by CC company today and they said they'll action it if I need to.

many thanks all!