alphapets said:
Hi,
Recently purchased a new Isabella Capri Awning. The size required on Isabella website is 1100, so that's what was ordered. However I noticed after setting up, that the size label in the awning shows 1150, but has been scribbled out and 1100 written in pen and the same has been done on carry hold-all. The bungee straps at the bottom of the awning remain loose. Would Isabella do this without supplying documentation?
Cheers
I am so annoyed to read this thread. - Yet again a consumer has fallen foul of a retailer that has apparently failed in their legal duty and who has also failed to respect the customer by not resolving the problem the retailer has created. This strictly a problem for the retailer to sort out and not the manufacturer.
When you make a retail purchase you only have a contract with the seller NOT THE MANUFACTURER. So if there is a problem with the purchase, it is for the retailer not the manufacturer to sort out.
Under the Consumer Rights Act and the previous Sale of Goods Act retailers (sellers to end users) have a legal duty to ensure goods they sell to customers, conform to contract.. Goods MUST be :
To specification
as described
fit for purpose,
free from design, material or manufacturing defects.
The must be of adequate quality
and sufficiently durable for the purpose for which they are intended.
I will presume you ordered or agreed to purchase a brand new awning. The definition of 'brand new' in this case would be a correct to specification undamaged unused awning of the size you specified.
What you have been supplied is a product that has for whatever reason has been manufactured incorrectly and that fact is identified by the hand amended label. In commercial terms this is now a Factory Seconds and should not be passed off as a "perfect" product.
On the assumption that you did not agree to purchase a factory second, then teh retailer is in breach of contract and must remedy the situation.
If on the off chance the seller advertised these awnings as seconds then you did knowing agree to purchase a factory second, and I would presume there was a substantial discount compared to the brand new price. Even so It is still up to the retailer to ensure the product is to specification and to sell you what you ordered.