COMMERCIAL LAW

Project description
Freddy is a PhD student and a maths tutor who works from home. He needs a study desk as well as two chairs for his home office. Freddy receives an email from Shady’s Department Store for 50% off all office furniture. He visits Shady’s website and sees a picture of a light oak desk as well as two black leather chairs (self assembly required), that look to be suitable for his needs. Although the website lists the dimensions of the desk there is not much else provided and Freddy decides that he would like to see it in person before purchasing. In store he is approached by Dell, a sales associate. Freddy asks to see the desk and chair and happy with what he is shown, and knowing that other stores have similar items at much higher prices, purchases the items in store for delivery to his home.

When the items arrive a few days later however Freddy does not have the opportunity to open the boxes until two weeks later as he is away on a conference. After Freddy assembles the desk he realises that the desk is much lower than it appeared in store and as a result the chairs cannot fit under the desk. In addition to this the chairs delivered were not black leather as ordered but instead are beige and do not match with the rest of the décor.

He telephones customer services at Shady’s department store to demand a refund however is told that a refund, exchange or any other remedy is not possible as his contract of sale excludes liability for any defects relating to the quality and condition of the goods.

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