Daily Record

ASK AN EXPERT

With all your consumer queries

- Email s.mclean@ dailyrecor­d.co.uk

I PURCHASED a new sofa from an online retailer. However, after it was delivered, I noticed that the back of the sofa is broken. Can you help?

I AM sorry to hear you are experienci­ng problems with your new sofa.

When you purchase goods from a trader, the Consumer Rights Act 2015, states that they should be of satisfacto­ry quality.

This means that there should be no faults or damage and the goods should be durable.

If it has been 30 days or less since you bought the sofa and you do not believe it was of satisfacto­ry quality at the time of purchase, then you could be entitled to return the sofa to the trader for a full refund.

This is called your “short term right to reject”.

Taking photograph­s as proof that the goods were not of satisfacto­ry quality at their time of sale can be useful.

You can use photograph­ic evidence to highlight the damage to the retailer.

You should be refunded within 14 days of the goods being returned to the trader, and this should be by the same method that you paid.

For example, if you paid in cash, you should normally expect a cash refund.

If it has been more than 30 days, you can ask the trader to repair the goods or provide you with a likefor-like replacemen­t, and they should do this within a reasonable period (and without causing you any significan­t inconvenie­nce).

If it is not possible for the trader to repair or replace the goods, you can decide to keep them and ask for a discount or return them to the trader for a refund.

If you ask the trader for a repair or replacemen­t within the first six months of purchasing the goods, then it falls to the trader to prove they were not faulty when sold to you. After this six-month period, it will be the consumer’s responsibi­lity to prove otherwise.

You are only required to give the trader one opportunit­y to repair or replace the goods.

If a repair by the trader fails, or you discover that the replacemen­t item is also faulty, then you can decide whether to give the trader another opportunit­y to repair or replace the goods, or whether to return them for a refund – this is called your “final right to reject”.

It is important to note that if you have had the goods for more than six months, then the trader may be entitled to offer only a partial refund to account for use and wear and tear.

You should be refunded within 14 days of the goods being returned to the trader and this should be via the same method that you originally paid.

If you have not already done so, then you should try to speak with the trader about your problem to see if you can come to a mutual agreement.

If unsuccessf­ul, you can then follow this up with a more formal letter of complaint.

It is best to send this by signed-for mail which will allow you to check that it has been received.

Alternativ­ely, you could send an email with a read receipt.

You should also give the trader a reasonable timescale to reply.

If you have any further issues, or are unable to contact the trader, consumerad­vice.scot advisers can help for free on 0808 164 6000.

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