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K
K, Solicitor
Category: Scots Law
Satisfied Customers: 774
Experience:  LLB (Law Degree) and BA(Hons) Business Degree and Diploma in Legal Practice. Partner in own law firm
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I purchased a 3 piece suite on 23rd Feb, 2009 and it was delivered

Customer Question

I purchased a 3 piece suite on 23rd Feb, 2009 and it was delivered on the 11th May, 2009. Within 1 hour of delivery we noticed a cut on the leather couch. The cut was about one inch across and was similar to that caused by a sharp blade.

On contacting the shop they contacted G Plan who arranged for an upholsterer to view the damage. He reported to G Plan recommending a full replacement back cushion.

His report suggested the damage may have been caused by a Stanley Knife.

It is here that the shop have been asked to share responsibility by G Plan. We now find the shop telling us that the cushion will have to be removed and the damaged section repaired. This would involve removal of the couch for the repair. Not as initially stated: The cushion would be replaced with a new cushion. I have paid in full for the suite.

Can I legally reject the suite at this stage and request a refund. What are my options. What is the responsibility of the shop who supplied suite.
Submitted: 8 years ago.
Category: Scots Law
Expert:  K replied 8 years ago.

Hi there,

 

You are protected under the sale of goods act and can insist upon a replacement cushion and not a repaired cushion where it was delivered to you in a faulty state. Your contract is with the shop that sold the item to you and if the supplier was GPlan then it is up to the shop to sort it out with GPlan but that is not your concern. You need to be stern and put a complaint to them in writing giving them a time limit to uplift the cushion and replace it and tell them in writing that f they do not do so within the time limit you give (say 7 days or so) then you may take legal action against them. If you get no result this way then I would consider consulting a solicitor to deal with them on your behalf or alternatively get in touch with your local trading standards department who may be prepared to intervene on your behalf.

 

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Regards

K