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  • FIRST POST
    • jez9999
    • By jez9999 21st Nov 17, 6:48 PM
    • 9Posts
    • 0Thanks
    jez9999
    Am I entitled to a replacement?
    • #1
    • 21st Nov 17, 6:48 PM
    Am I entitled to a replacement? 21st Nov 17 at 6:48 PM
    I ordered a Windsor 105 White Vanity Basin Unit online from BetterBathrooms (I can't link the product page because I'm a new user) on the 9th October and it was dispatched on the 14th. I paid by credit card (Barclaycard). I did sign for receipt of delivery I believe. My builder has just gotten round to installing the vanity unit and opened the packaging, and the basin is cracked. As far as I know it was like this when I received it (the packaging has been on since delivery).

    I contacted BetterBathrooms about this and told them, sending a photo of the cracked basin. They've replied and said that since I didn't tell them in the first 7 days, they "would not look at replacing this free of charge".

    I've been reading the Consumer Rights Act 2015 and I believe it entitles me to a replacement of the basin. The only bit that I found very vague was this:

    (14)For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.

    (15)Subsection (14) does not apply if—

    (a)it is established that the goods did conform to the contract on that day, or

    (b)its application is incompatible with the nature of the goods or with how they fail to conform to the contract.
    Could anyone advise how it is "established that the goods did conform to the contract on that day"? If you signed a receipt of delivery does that establish that the goods confirmed to the contract? Hardly anyone examines goods thoroughly when they sign those. Am I entitled to a replacement without charge? How should I proceed to get one?
    Last edited by jez9999; 21-11-2017 at 6:52 PM.
Page 2
    • BoGoF
    • By BoGoF 30th Nov 17, 12:52 PM
    • 2,726 Posts
    • 1,964 Thanks
    BoGoF
    Nope. But as you said they can't prove that it wasn't damaged in delivery either so why should the onus fall on me to prove I didn't damage it?
    Originally posted by jez9999

    Because you are supposed to check it within a reasonable period
    • McKneff
    • By McKneff 30th Nov 17, 12:55 PM
    • 35,716 Posts
    • 45,988 Thanks
    McKneff
    Your builder may have done and he is keeping schtum
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
    • jez9999
    • By jez9999 30th Nov 17, 1:06 PM
    • 9 Posts
    • 0 Thanks
    jez9999
    Because they will have a document saying something along the lines of 'I the buyer (or person receipting these goods) confirm they are in satisfactory quality'.
    Originally posted by Oakdene
    OK fair enough. Thank you for speaking in a civil and leavel-headed manner unlike some of the other people on this thread.
    • spadoosh
    • By spadoosh 30th Nov 17, 1:09 PM
    • 4,694 Posts
    • 6,162 Thanks
    spadoosh
    Nope. But as you said they can't prove that it wasn't damaged in delivery either so why should the onus fall on me to prove I didn't damage it?
    Originally posted by jez9999
    Because you probably signed something saying you received the goods in good order.

    Sorry replied before reading the rest of the comments. Yeh as Oakdene says.
    Don't be angry!
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