Question
Harriet owns a hair salon in Watford, Hatty's Hair Palace , and recently entered an Instagram competition looking for the best hair dresser in England.
Harriet owns a hair salon in Watford, Hatty's Hair Palace, and recently entered an Instagram competition looking for the best hair dresser in England. The event will take place on 15th September. Harriet visits Sallys UK, the largest provider of hair and cosmetic supplies in England. She is met by Ramees, a sales assistant.
Harriet informs Ramees that she needs wigs that are suitable for all individuals, especially those with eczema. Ramees shows her the 'Free From' range of wigs. Harriet places an order for 5 blonde wigs and 5 ash brown wigs.
Next, Harriet places an order for 100 packs of hair clips. Each pack contains 50 hair clips. Ramees informs Harriet that the hair clips are on offer as 'some of the clips are broken but it is such a bargain that it is worth buying.' Harriet is happy with the reduced price so goes ahead with the order.
Ramees informs Harriet that due to the Covid-19 impact on deliveries, the goods will be delivered in instalments as its difficult to arrange delivery on one date. Harriet agrees and Ramees confirms that:
- The first delivery of 5 blonde wigs and 40 packs of hair clips will be delivered on 01st September.
- The second delivery will be on 05th September for 3 ash brown wigs and 40 packs of hair clips.
- The third and final delivery will be on 09th September for 2 ash brown wigs and 20 packs of hair clips.
Harriet has been a regular customer at Sallys UK so does not bother to read the contract. She signs the contract agreeing to Sallys UK terms and conditions which also states that payment for each instalment of goods would be paid separately.
On 01st September, Harriet receives 3 blonde wigs and 40 packs of hair clips. Each pack contains 20 hair clips, with half snapped into two and completely unusable.
On 05th September, Harriet receives 7 ash brown wigs and 60 packs of hair clips. Again, each pack contains 20 hair clips although this time, the hair clips are not broken.
Harriet decides to practice hairstyles using the wigs on her friend Jamila. After two hours of wearing the wigs, Jamila develops severe itching and upon investigation, Harriet is shocked to find that the wigs are not suitable for eczema sufferers. They are normal wigs and not from the 'Free From' range.
Furious, Harriet calls Ramees at Sallys UK and informs him that the wigs are useless as they are the wrong type and that the hair clips are not the right amount. Some are broken and of no use. Harriet states that she wishes to reject all the goods and get a refund. She also does not want the third instalment of goods.
Ramees informs Harriet that she is unable to reject the goods as the contract she signed includes a clause that reads:
'The seller excludes liability under ss13-15 Sale of Goods Act 1979.'
Harriet approaches you for advice on her rights and any remedies she may have.
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