Hi guys
New here so apologies if this is posted in the wrong area.
I purchased an expensive item from a boutique shop on 20/1.
When I got the item home and assembled it I noticed a number of defects.
I phoned the retailer the next day and explained and said I would return the item on Saturday (26/1) as this was the soonest I could get it to them. (Due to work commitments).
When I returned the item the retailer would not give a refund, instead saying that their policy was to replace the item.
This I refused as given conisderation to the price paid the item was so expensive that I did not believe the quality was sufficient in any event (it was that bad and THAT expensive!)
I explained that I believed I was entitled to a refund under the Sales of Goods Act as the item was not of satisfactory quality.
To cut a long story short the exchange resulted in me being "man handled" from the shop, without any refund and the retailer with the item still.
I have since written to the retailer to explain that I have rejected the items under the Sales of Goods Act as it was not of satisfactory quality and want a full refund.
it really was such poor quality so I am not worried about any debate around what a "reasonable person" argument as given the price etc it was far from perfect.
I didnt notice the defect in the shop however didn't inspect the item to any degree
- the retailer dismantled the item and packaged it
- so would assume that he either
a/ didnt notice the defects (I find hard to believe) or
b/ chose to ignore them (much more likely in my opinion)
(the defects would not have been noticed until came to dismantling or assembling the item)
The retailer has ignored my letter / request
- I know they received it as I emailed it and also hand delivered a copy directly to the owner of the store
(the man that sold the item and refused the refund).
I have since, unfortunately had to submit a claim to the small claims court.
Given the price of the item I am really worried about losing although I genuinely believe I am in the right..
however given the retailers utter arrogance I am worried that I am missing something
and that they have some way out of this and forcing me to accept a replacement
(which out of sheer principal I do not want -
a/ the craftmanship on the item is poor, as was the replacement he tried to fob me off with
- I inspected it very briefly (well part of it as it was in packaging)
and it had defects that I pointed out to him at the time
- his attitude was
"well, you're going to say it has defects because you want a refund"
- yes, i do want a refund and yes it does have defects!!
b/ he is so arrogant out of principal I dont want him to have my money
All advice, views, opinions gratefully received - also if anyone can offer advice or case law to support my case for small claims would be really gratefully received.
Thanks and apologies for the long rant!
Tim