Q: I ordered a bedroom from a local seller. When the furniture was delivered I noticed some drawers had been fitted with sliding rails and others had not. The ones with missing rails were the larger drawers which, due to their weight, need the rails even more to be able to open and close without problems. These drawers, in fact, had holes where the rails should have fitted.
When I complained about this to the seller, I was told that while some drawers came with rails, others did not. The seller said I would have to pay extra to have the rails fitted. Am I entitled to have the drawers fixed with rails at no extra charge?
A: Whether or not you are entitled to a free remedy depends on what was agreed during the sale. The Consumer Affairs Act stipulates that traders are obliged to deliver goods that are in conformity with the description and specifications in the contract of sale.
In your case this means that the furniture delivered should comply with the description given by the trader and possess the characteristics, features and qualities the trader promised or showed through a sample. So, if at the showroom you were shown a sample of the furniture, and the drawers had rails, then you are entitled to request the fixing of the rails for free. The only exception would be if when you placed the order you were specifically told the rails were optional and that they came at an extra charge.