Problem: Being in the building game, I have been a regular reader of the Leicestershire Builder and have always enjoyed your column, and although I have never had any major problems with clients or suppliers during my 20 plus years of trading that has required me to seek professional advice, I do have a personal issue which I hope you can assist.
A little while back, I decided to refurbish the kitchen in my home. The refurbishment included replacing all the old base and wall units with new. I went online and came across a supplier that I had actually used a couple of times in the past through my business, and it was advertising at half price, end-of-line kitchen units. I purchased the units, but when they arrived, the quality and standard were awful, and even some of the doors were chipped.
I went back to the supplier and complained and insisted that it took back the units and give me a full refund. However, the supplier has refused to take back the units or refund me, saying that the units were half price for the very reason of my complaint, plus I was a business, not a consumer.
I have since gone to another supplier and purchased new units which I am happy with. The units I have rejected have been moved to a storage facility and I want to start proceedings against the supplier – what are my rights?
Response: First and foremost, regardless of your previous dealings with the supplier as a business, you purchased the kitchen units as a consumer and hence you will have the full weight of consumer legislation behind you.
You purchasing the kitchen units in a sale is irrelevant unless there was a term in the contract of purchase that pointed out the defects and general standard.
Under the Consumer Rights Act 2015, the goods that a supplier provides must be of satisfactory quality and free from defects (section 9), and be as described (section 11), and if either one of these implied terms are breached, you are able to reject the goods.
Additionally, since you have purchased the units over the internet, you will get a 14-day cooling-off period in which you are able to cancel the contract regardless of whether the goods are faulty. The 14-day cooling-off period starts when you receive the goods or, when the 14 days were brought to your attention, whichever is the longer. This cooling-off period (which applies to services as well as goods), applies to any goods purchased at a distance and the right is derived from the Consumer Contracts Regulations.
You are therefore spoilt for choice as to your cause of action against the supplier. What I would recommend is to send a letter of claim under the Pre-Action Protocol and set out your claim (which will include a full refund and storage fees), and your cause of action, and give the supplier say a 14-day window to agree to your claim and to collect the goods.
© Michael Gerard 2023
The advice provided is intended to be of a general guide only and should not be viewed as providing a definitive legal analysis.
Author background
Michael is a Solicitor, Chartered Builder & Registered Construction Adjudicator, and is a director at Michael Gerard Law Limited, a solicitors practice regulated by the SRA.