Bedroom not as ordered
Q: I have ordered furniture for a spare bedroom from a local retailer. From the very first day the bedroom was delivered, a number of problems cropped up. Firstly, the mattress was not delivered with the bedroom; I was told it would not be available...
Q: I have ordered furniture for a spare bedroom from a local retailer. From the very first day the bedroom was delivered, a number of problems cropped up. Firstly, the mattress was not delivered with the bedroom; I was told it would not be available for another three months. Then I realised the inner fittings of the wardrobe were actually meant for a smaller wardrobe and that it had some shelves missing.
I immediately complained, and after several phone calls and unanswered e-mails, I was notified that the company would send someone to sort out everything on a specific date.
This promise was not kept and two weeks after the scheduled date, I still have a wardrobe without a door and wrong fittings that lay scattered in a bedroom which was meant to be installed and ready to use over six weeks ago.
Can you kindly advise what my legal rights are?
A: According to the Consumer Affairs Act, when a consumer purchases a product, the trader is obliged to deliver the goods ordered in conformity with the description and specification in the contract of sale.
Furthermore, the trader should also ensure the goods supplied comply with the description given during the sale and possess the characteristics, features and qualities promised. The goods should also be fit for the particular purpose for which the consumer requires them and made known to the trader during the sale, and should also be fit for the purpose for which the goods of the same type are normally used.
When this is not the case, as is the situation with your wardrobe, which was not delivered according to the contract of sale, then you are entitled to a remedy. The remedies available by law are, first of all, repair or replacement.
This is what the company has promised you but has not actually carried out. This prolonged situation is causing you quite an inconvenience, and the law specifically states that when the trader can only provide or complete the remedy of repair or replacement with significant inconvenience to the consumer, the latter may either opt for a reduction of the price or to have the sales contract cancelled and request a refund.