Custom item not as described, still waiting for resolution

[kp278]

Hi all

 

I just want to check I'm on right side of the rules before I start down the route of rejection.

 

15 Nov: We ordered a matching table top and two benches (seat tops) from sawdustmonkeys.co.uk, custom items as they are made to order and we dictated the size and colour. Leadtime of 3 weeks.

 

20 Dec: Shipped after 5 weeks, delays blamed on the snow we had around that time.

 

21 Dec: Items received. Table top was not the colour we ordered and did not match the benches. Emailed shop.

 

23 Dec: Shop advised we are ok to use the items over Christmas and they'll collect and rectify the table after Christmas. Turnaround of 2 days given. Agreed collection for 3rd Jan.

 

3rd Jan: No collection, booked for the 4th.

 

4th Jan: No collection. Complained - set expectations. Shop advised they might be able to get it back out to us the same day once received. Booked different courier for 5th.

 

5th Jan: Collected.

 

10th Jan: Chased for update, advised it's ready to go out to us tomorrow.

 

13th Jan: No further communication and no table.

 

Having given the seller a chance to rectify the issue we feel they haven't done so within a reasonable time and now plan to reject the goods.

 

Can we do that at this stage, and anything we should be aware of with custom items?

 

Anything I've missed from the sale of goods act?

 

Should I go straight to my credit card company or fight it out with the shop?

 

Many thanks, Kris

[dx100uk]

sale of goods went out long ago.

now part of the consumer rights act 2015.

 

the item was not as described/not fit for purpose.

you report this within the required 30 days from the date of it being in your actual possession.

 

you have accept 'a repair', they have one chance to rectify your issue, should this then not be to your requirements, you can request a full refund.

 

i would expire the retailers options first before you involve your credit card company under section 75 of the consumer credit act.

 

dx 

[dx100uk]

/assets/static/govuk-opengraph-image-dade2dad5775023b0568381c4c074b86318194edb36d3d68df721eea7deeac4b.png

Accepting returns and giving refunds: the law - GOV.UK

WWW.GOV.UK

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When you do and do not have to offer a refund, repair or replacement, unconditional refunds for online purchases, and penalties for deceiving...

 

[kp278]

Ok great thanks. All communication has been over email, will reject via that so they have the entire 46-email thread (!) to refer.

 

Who's responsibility would it be to cover the cost of returning the bench seats?

[dx100uk]

as i said...you CANNOT reject the item until its back with you and can only then reject if it still does not match.

 

you agreed to a repair. 

 

should that be the case, as your are exercising your consumer rights to reject it, they pay returns costings

 

dx

 

 

 

 

 

[kp278]

Ah ok I misunderstood your comment, my apologies.

 

My concern is they gave me misleading (pardon the pun) leadtimes on more than one occasion. Does that constitute failing at a repair - I guess not, but they failed to resolve this within the timeframe they suggested. If they had told me at the start I wouldn't get it back until the 3rd week of January I'd have likely rejected it from the off.

 

How long should I wait for the repair? I guess what would the man on the street deem an unreasonable amount of time...

 

 

[dx100uk]

sadly i dont think there is anything set down in writing

p'haps @BankFoddermight know

but yes i agree its pushing your buttons a bit this long.

 

dx