Rights when returning faulty office chair

I bought an office chair for my mother in late August last year from a national retailer. It's the type with a gas lift that goes up and down, except this one never stays up. It quickly goes down in height til it hits the bottom and then it will quite happily stay there. As my mum is quite short she can't really use it because she can't see her computer from the lowered position!

So when returning to the retailer, what are my options? I would imagine they don't stock it anymore as it seemed to be clearanced out shortly after I bought it, and I doubt it's the kind of thing they'll repair.

Also, if they argue about it as it's about five months old now, am I entitled to some kind of remedy given that it's an adjustable height chair that never stays adjusted?

Nody

Repair, Replace or Refund are the three options under law; which one it ends up is part of your discussion with the retailer.

Procrastastudy

Deleted User wrote: »

I bought an office chair for my mother in late August last year from a national retailer. It's the type with a gas lift that goes up and down, except this one never stays up. It quickly goes down in height til it hits the bottom and then it will quite happily stay there. As my mum is quite short she can't really use it because she can't see her computer from the lowered position!

So when returning to the retailer, what are my options? I would imagine they don't stock it anymore as it seemed to be clearanced out shortly after I bought it, and I doubt it's the kind of thing they'll repair.

Also, if they argue about it as it's about five months old now, am I entitled to some kind of remedy given that it's an adjustable height chair that never stays adjusted?

Yes - you should have a remedy available for around five years rather than five months. I assume you have the receipt or other proof of purchase. Just take it back and see what they say. First port of call is a repair / replacement - if neither is available due to stock you may push for a refund.

That's great thanks, I do still have the receipt. If things got to the replace stage and my mum wasn't happy with the chairs they had (it's a diy chain so typically would only stock two or three office chairs...and my mum is very picky!) does she have to take one they decide on?

Procrastastudy

Deleted User wrote: »

That's great thanks, I do still have the receipt. If things got to the replace stage and my mum wasn't happy with the chairs they had (it's a diy chain so typically would only stock two or three office chairs...and my mum is very picky!) does she have to take one they decide on?

Yes; if they can't repair or replace like for like you are entitled to a full refund.

WildCardDoW

replace like for like

What if they offer one with the exact same/very similar specifications and his Mother still isn't happy? SCC?

shooter69

WildCardDoW wrote: »

What if they offer one with the exact same/very similar specifications and his Mother still isn't happy? SCC?

OP I own an office supply company and we would always offer repair , replace or refund - simple as ! I'd be surprised if they don't offer any of the above .. Don't forget they can return chair for full refund from supplier also so they wouldn't be out of pocket . Sounds like gas lift has failed - common problem , one of the seals cracks and chair goes down ..

WildCardDoW

I'm not the OP by the way, just trying to educate myself haha!

Procrastastudy

WildCardDoW wrote: »

What if they offer one with the exact same/very similar specifications and his Mother still isn't happy? SCC?

Depends. This is maybe going a bit OT and so I might suggest starting another thread if you want to discuss it in detail. But here goes - the remedies available are repair, replacement or refund. Technically all three are available no matter what the circumstances. It comes down to who makes the decision; some of us say it's up to the retailer some of us say it's a negotiation process.

My school of thought is legal or otherwise it does really come down to the retailer in the first instance. You've a stronger case for a refund the further away from the original specification. So slightly different arms on it then I'd say you'd struggle to get the SmCC to give you damages.

That's my opinion for what its worth - if you have a look through some of the threads here you'll find others.

I'll be heading over with it after work today so I'll pop back with the outcome this evening. Thanks for all the advice.

Just to let you know that I returned the chair this afternoon and the retailer (Woodies) offered a refund with no quibble. Thanks for the advice folks.