Consumer Rights Act 2015
QUESTION TO LEGAL EXPERT ALISON GOODWIN:
Hi. I’ve had the offer of a full refund on two saddles a third less deposit and full refund on two girth’s.
The seller did not provide any notice or told me anything about a refund/return policy on the bespoke saddles and there is nothing on their website The first saddle wAs bought on the required it didn’t slip and I was informed in writing if they couldn’t stop the issue I would get a full refund.
I’ve accepted the offer of the refunds but refused to pay to return them but instead offered to hand deliver them. The seller stated twice I had to pay and as I hadn’t returned them I’d refused the offer.
I have never refused the offer just refused to pay courier to return as I wanted hand delivery to ensure safe receipt. They have refused this Inferring I would use my husband to try I to intimidate them which has no sound basis or truth in the assumption. They are now stated they would have refunded courier costs but now offer only 50% refund on all the saddles. They damaged one during adjusting which was admitted after initial denial however the type of damage can only be done by machine. This admission was witnessed by two people however they deny the damage. Where do I stand. I have accepted their offer refused to pay courier but offered to hand deliver. They have come out during lockdown 3 times to one saddle 4 to another 2 times to the last one so can’t claim covid restrictions in meeting myself or agent.
The saddles do not fit my horses and they were paid either full or reduced fitting costs to readjust but they still don’t fit. One saddle has hardly been used and still has its sale tag on it was so unsafe to ride in. The seller attended and at the time the saddle seemed ok and their comments were see how you do any problems contact me. Within a matter of sometimes two weeks the saddle wasn’t fitting again.
Thanks
ANSWER FROM ALISON GOODWIN:
When you purchased the saddles you had a contract with the saddle fitter/manufacturer regarding the fitting and the purchase of the saddle. The contract was for (i) the saddler’s professional services of fitting the saddle correctly for you and your particular horse; and (ii) selling you the actual saddle (the goods).
The contract is governed by the Consumer Rights Act 2015 (the Act). The Act implies into the contract for the supply of services various terms including a term that the saddle fitter should exercise reasonable skill and care in the provision of the service (i.e. the fitting of the saddle). In this case your claim would be based upon the breach of an implied term in the contract by the saddle fitter in that they failed to carry out the fitting of the saddle to you and your horse with reasonable skill and care. Should you be successful in establishing that the saddle fitter was negligent then you would be able to seek to recover losses and damages from the saddle fitter as a result of her breach of contract and/or negligence. The damages that you could expect to recover would be those that you have incurred as a direct result of the saddle fitters breach of contract. As a general rule damages should try to place you in the position you would have been in had the contract been properly performed so in this case you should recover damages that would put you in the position you would have been in had she properly fitted the saddle for you and your horse. In addition to this aspect of the claim there is a further potential breach of contract claim according to the same Act. The saddle fitter has supplied a saddle to you that is not fit for purpose. Goods (in this case the saddle) are required by the Act to be fit for purpose – in this case to fit your particular horse. If the goods sold are found to not be fit for purpose then there could be a breach of an implied term in the contract entitling you to damages (you cannot recover losses twice so although you could bring a claim in respect of both breaches of the implied terms you can only recover losses once).
In order to proceed I would advise that you try to seek agreement to return the saddles for a refund as you have done as a first option. If you have clear evidence accepting that they will refund the saddles in full then I would consider returning them to them and holding them to that refund. There is of course a risk that they do not refund you and you would then have to commence court proceedings to recover the monies. If this is not possible then you should obtain a report from a qualified master saddler on the saddles and their fit and impact upon the horses. The report should detail the date of their visit, the details of their examination and what they found as well as what they advise needs to be done to remedy the saddle fit or whether a replacement was required. You could also put together photographs of the poor fit. You will also need to put together a schedule of all your losses and attach copies of all receipts and invoices which substantiate your losses.
I would raise the issue with the saddle fitter and seek a refund for the saddle explaining your rights under the Act as outlined above and confirm if they do not assist then you will proceed to report them to the Society of Master Saddlers and pursue a civil claim against them for breach of contract pursuant to the Consumer Rights Act 2015.
