Can I Get a Refund for Missing Items in Kitchen Units?
Q.
I have recently brought a kitchen from a well known retailer. I received the kitchen in May this year. The kitchen was stored in a spare room in preparation for the fitter. The fitter has now started to fit the kitchen and has subsequently found a number or errors with the kitchen measurements, missing items and items that I have received and paid for but are not required in the kitchen fitting process.
The retailer measured the kitchen and admitted reasponsiblity for the error in measurements. Where do I stand with getting replacements for missing items and a refund for items that are not required?
A.
There are really two parts to this question. The first involves the kitchen itself, whilst the second is about the items you paid for that really aren’t required – that you were over-sold, in essence.
Since you bought the kitchen in May, four months ago, and have just begun having it fitted, it should fall under that 'reasonable' time allowed by the Sale of Goods Act 1979 in which you can return faulty items. The fact that the retailer took the wrong measurements (especially since they’ve admitted it) means that the goods are faulty – the Act specifies that items sold must be safe, fit for the purpose for which they’re intended, and of satisfactory quality.
Clearly, your kitchen fails on the last two counts, and as such, the retailer should offer you a refund, replacement, or repair – and that applies to the missing items, too. Obviously, repair isn’t feasible in something fitted, so it’s between replacement or refund, and the choice of which should be up to you.
That means the retailer should not only replace the missing items, but also replace those items where the measurements are wrong – and they’ve already admitted responsibility on the measurements, so there should be little problem on that score.
But what about the other part, the items you’ve been sold that were unnecessary?
From the sound of things, you were over-sold, which isn’t the best business practice, but not illegal – you could have said you didn’t want them. However, if you were specifically told that they were necessary for fitting the kitchen then you were definitely mis-sold, and should complain to the retailer as soon as possible. Taken in conjunction with your other complaint, then there’s a very good chance they’ll take the items back and refund your money.
However, if they refuse to do that (and you don’t say what these items were or how much they cost, just a few pounds or well over a hundred), then you should get in touch with Consumer direct or the Citizens Advice Bureau, both of whom can look at the specifics of the situation and advise you fully.
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