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I purchased a kitchen from an internet kitchen company. The company let me down on delivery three days on the trot and when the kitchen finally arrived, several items were missing. Where do I stand legally?
I purchased a kitchen from an internet kitchen company. They let me down on delivery three days on the trot then, when it finally turned up, several items where missing. I have been waiting two weeks now for the missing parts and have been let down on delivery on an additional three separate days. Each day I am having to take off of work so I can wait for the goods. I still do not have the missing parts and I have now been without a kitchen for three weeks. I have just had a first child and coping without a kitchen is extremely difficult. I also had a kitchen fitter booked in for the weekend after the kitchen was delivered and he was let down at the last minute and he wants money as he could have been doing another job, which is fair enough. Where do I stand legally? I really just want my money back and for them to come and collect the poor quality goods that I have received.
It depends upon the terms of your contract. There may be exemption clauses excluding liability for losses sustained because these sort of things are included within the terms. If they are you have a good argument that the clauses are ineffective as they run contrary to the Unfair Contract Terms Act. Clearly the service you have received is unsatisfactory and you should seek some form of compensation from the suppliers. With regard to the missing parts you should write to the supplier advising them that the remaining items must be delivered and installed (if you paid for installation as well) by a certain date (which should be reasonable - say one week) with "time being of the essence". Time being of the essence is an important phrase as it results in the delivery date becoming a term of the contract. Accordingly, if the suppliers fail to supply on time you can claim breach of contract and demand your money back. You in turn will have to give back the kitchen.
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