Am I being reasonable?

Anihilator

Did Bathstore fit the mirror?

If not they are well in their rights to get a report or proof of the faults. I wonder where you will get someone to state that it was installed properly in the first place and was inherently faulty.

The OP can serve them for a MCOL case but he is not going to automatically win. There is some burden of proof.

libra10

Having paid so much money for a mirror from a specialist bathroom store, I would be very annoyed to discover the problems that you are experiencing.

I like your style! Go get 'em!

Blacksheep1979

Yes it's not unreasonable to expect this item to last longer than 18 months, but how long would you expect it to last/not complain if this flaw appeared? You have had use from the item so a 100% refund would be a little out of line (due to you having had some benefit) - 50% doesn't seem great, but doesn't seem too far from a realistic result.

Beware the 'experts' on here that say sue at all costs/use your s75 rights etc as s75 rights only make the cc jointly liable meaning you still have to potentially take them to court. Also you may find that the store may just go sod it we'll go to court just on principle (unlikely).

pitkin2020

Haven't they basically given you the proof you need to provide for "Not fit for purpose", quoted below

I have investigated the history of your mirror with our Technical Team
and they have confirmed that this mirror is a very popular and high
selling mirror and on occasions they have had problems highlighted to
them similar to one you have described. It can be caused by the possible
excessive level of condensation within the bathroom, possibly
insufficient extraction and if there is poor air flow around the mirror
it can leave moisture to penetrate.

So they are obviously aware and if that was the case they should have pulled it from there bathroom range.

Anihilator

pitkin2020 wrote: »

Haven't they basically given you the proof you need to provide for "Not fit for purpose", quoted below

I have investigated the history of your mirror with our Technical Team
and they have confirmed that this mirror is a very popular and high
selling mirror and on occasions they have had problems highlighted to
them similar to one you have described. It can be caused by the possible
excessive level of condensation within the bathroom, possibly
insufficient extraction and if there is poor air flow around the mirror
it can leave moisture to penetrate.

So they are obviously aware and if that was the case they should have pulled it from there bathroom range.

Not really.

They have just said it has happened to other units.
This doesnt mean its inherently faulty. If they had quantified it with a percentage or stated it was due to design fault then yes.

But whose to say they've not had 20 or 30 returned out of a million units and the most related to dodgy fitting et?

OlliesDad

While yes you are within your rights to expect it to last longer, you will need to get a report proving thats its due to an inherent fault.

They haven't admitted that there is a problem with this model, they have said that any problems in the past are down to misuse (using in wrong envirionment).

Peter_Friswell

Anihilator wrote: »

Its also worth noting you could be forced to prove it is inherently faulty or not fit for the purpose.

In my innocence I'm working on the basis what most people would think is reasonable. Quite a number of contributors mention cheaper mirrors lasting lots longer. This is also my experience as I have a £20 Ikea mirror in a much steamier environment than the faulty unit.

OlliesDad

Peter_Friswell wrote: »

In my innocence I'm working on the basis what most people would think is reasonable. Quite a number of contributors mention cheaper mirrors lasting lots longer. This is also my experience as I have a £20 Ikea mirror in a much steamier environment than the faulty unit.

Even so, SOGA would only cover you if it was an inherent fault and not down to misuse, something you would have to prove.

Peter_Friswell

Blacksheep1979 wrote: »

Also you may find that the store may just go sod it we'll go to court just on principle (unlikely).

I will happily spend half a day in court and invest a further £30 just to watch them squirm. What has really pi***d me off is the offhand way they have tried to fob me off. In the space of one day they have gone from "tough -buy another" to "have 50% discount".

The mirror probably costs them in the region of £50 to £60 so I suspect a sensible lawyer or senior manager will say give him another mirror on a without prejudice basis.

Peter_Friswell

OlliesDad wrote: »

Even so, SOGA would only cover you if it was an inherent fault and not down to misuse, something you would have to prove.

Just checked on SOGA and found this
"Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description."

People on here are reasonable and 78% think it should last longer than 18 months