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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6288
Experience:  BA (Hons), PgDip, Practising Solicitor
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i have recently ordered a range of glass furnture which now

Customer Question

i have recently ordered a range of glass furnture which now is ready for del.

When i went to look at it the standard and qualitty were poor so refused to pay the outstanding monies.

A intial deposit was paid when ordering so they are now saying that if i dont want it they would charge a 25% cancelation fee.

Is this fair when the prodeuct is not worth the money to be paid.

it was bought from a brouchure so was not able to view it until del into their warehouse.

The small print does state that 25% or deposit to that value would be non refundable.

This form had not been signed so are the conditions of sale still valued.

I would be very grateful for your advice on this matter.

Mrs James.
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
Hi
Thanks for your question/n .

For clarity and the avoidance of doubt, could you please respond to the following USING THE SAME NUMBERING:-
1. Did you order the goods by distance means (eg. email, online, fax etc) and not by attending their premises
2. Were you informed of any cooling off period?
3. Would you say that the goods of not of satisfactory quality
Kind regards.

Tom
Customer: replied 1 year ago.

Was shown a brouchure in showroom, told that it was of solid construction and heavy, which it is not.


 


Also ordered a table and chairs which was seen before so have no problems with paying in full for those items.


 


I had no reading glasses on that day so left salesman to explain details of items in bouchure.


 


have now been told that they will not del table and chairs until full payment has been made on other items can they do this ?


 


That means the whole of my deposit will be lost even though am happy to purchase the table and chairs.


 


 

Expert:  Thomas replied 1 year ago.
Hi Mrs James,

So, do you consider that the other items are below satisfactory quality?

Ideally, what would you like to happen?

Tom
Customer: replied 1 year ago.

Yes.


 


I would like to still buy the table and chairs but not the other items.


 


Do they have the right to with hold deposit when goods are not satifactory, in my case poor quality for the amount spent as this is not termed as cancellation or is it ?


 


What way forward should i go as i know they are refusing sell me the tables and chairs.

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your reply.

This is a sale of goods act legislation issue.

Where goods are not of satisfactory quality then this is a breach of contract under the implied term of under s14(2) of Sale of Goods Act 1979. Therefore it is a breach of contract which you can either ask is rectified by repair/replacement or that you are entitled to a refund in respect of those items.

However, you have not paid the full purchase price at the present time and so you yourself are in breach of contract.

I would confirm to them that you consider the other items to not be of satisfactory quality under the above act but at the same time offer to pay for the items that you wish to still purchase or invite them to replace the other items with more of sufficient quality. State that if they are not willing to agree to the compromise then you shall sue them for the recovery of the deposit on the basis that you are treating the contract as terminable by you because of the deficiency of quality and shall at the same time claim that the non-refundbale deposit is an unfair term under the Unfair Terms in Consumer Contracts legislation. State that you will also sue for your legal fees and interest, but you wish to reach a compromise.

If they do not agree then you will have to issue a claim and ensure that the items are returned to them.

Of course, much of the litigation under the sale of goods act legislation is on whether or not the goods are actually not of satisfactory quality and on whether your goods are or not I obviously cannot comment.


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Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6288
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 5 other UK Property Law Specialists are ready to help you
Expert:  Thomas replied 1 year ago.
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Customer: replied 1 year ago.

Thank you for your reply it has helped me resolve this matter without having to sue anybody.


I have already rated you for your good service.

Expert:  Thomas replied 1 year ago.
Hi,

No problem. Glad it was resolved.

Tom

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