Do you refer to the Consumer Rights Act during disputes with a retailer? Here’s how we helped another member get a refund for a faulty item.
Which? member Albert bought a leather recliner chair, but he soon noticed the colour of the leather started to fade.
Albert complained to the retailer. It contacted the manufacturer, which sent him a replacement. But the new chair’s material also started to fade. The manufacturer refused to take further action, saying that the discolouration wasn’t a defect, but caused by perspiration. Albert felt he had no choice but to keep the chair.
Consumer Rights Act 2015
We advised Albert that it was unlikely the discolouration was caused by use, but he may need to consult an expert. If the issue wasn’t caused by use, Albert could argue the retailer was in breach of Section 9 of the Consumer Rights Act 2015, as the item sold was not of satisfactory quality.
As the replacement that was provided became faulty, Albert could exercise his final right to reject the item to obtain a refund.
We recommended Albert set out his legal position to the retailer, without an expert report, and see what response he received. The retailer arranged to return the chair to the manufacturer, which confirmed the defect, offering a further replacement or refund.
Albert opted for a refund and the matter was resolved.
Have a legal question of your own?
Which? Legal offers affordable legal advice, over the phone and by email to help you tackle your problem or issue.
The team of legal advisers will give you tailored information and advice on your rights and next steps, so you can handle your issue confidently.
Which? Legal can help on a range of topics, from faulty goods and car purchase issues to landlord and tenancy issues, plus much more.
To find out how the team can help you, call Which? Legal on 0117 405 5695 or visit Which? Legal.
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