Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Carpet stirs up a stink: The contract is with the retailer on faulty goods, writes Sue Fieldman

Sue Fieldman
Saturday 28 August 1993 23:02 BST
Comments

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

WHEN Gwendoline Gizzi bought a new carpet, which gave off an appalling smell, she decided she could not just sit back and do nothing.

Mrs Gizzi, who is 82 and disabled, lives in a retirement flat. Last year, she bought carpets for both her bathroom and bedroom from Cromar Carpets of Great Missenden, Buckinghamshire, and was delighted with the results.

On March 25, 1993, she bought a sitting-room carpet costing pounds 228.

When the carpet was laid, there was the most terrible smell. Mrs Gizzi's home help immediately contacted Cromar, which sent someone to the flat and said the smell should pass. It did not. A few days later, her family also complained. Her daughter said: 'I have never smelt anything like it in my life. It was like rotting dead bodies.'

There then followed negotiations between Cromar and the manufacturers. The manufacturer offered first pounds 10 and then pounds 20 compensation. Their final offer was pounds 30 or a new carpet.

In law, if you have a problem with an item you buy, your contract is with the shop, not the manufacturer.

According to Rebecca Evans, a barrister for the Consumers' Association: 'A lot of retailers try to insist that the customer take the problem up with the manufacturer, and most people's gut reaction is to agree. But your rights are against the shop.'

If items are faulty, then tell the shop at once. If there is a serious problem, reject the goods immediately and ask for your money back.

If a shop tells you that the problem will get better and you decide to stick with the situation, put in writing that you are not happy with the goods and that you reserve the right to reject and get your money back.

Alternatively, if you and the seller both agree, you may have a replacement or a free repair.

'If you have suffered a foreseeable loss directly caused by the breach of contract, then you can claim damages,' Ms Evans added.

'How much you get is a subject for negotiation. But keep all bills that prove any loss or increased costs and claim for these as well as an extra notional sum for inconvenience and suffering.'

In this case, the shop, Cromar, dealt directly with the manufacturer on Mrs Gizzi's behalf. A spokesman said: 'We do not see how we can improve on an offer to replace the carpet or pounds 30 compensation. There will be no inconvenience to Mrs Gizzi if the carpet is replaced.'

A useful free booklet 'How To Put Things Right' is available from the Office of Fair Trading, PO Box 2, Central Way, Feltham, Middlesex TW14 OTG.

(Photograph omitted)

Join our commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies

Comments

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in