Manufacturing defect - retailer won't waive delivery charge - what are my rights?

chickenist

Hello,
I'm wondering about rights when buying defective goods through a third-party retailer.

I bought an Ideal Standard WC a few months ago from Doble Bathrooms, and when coming to fit it, have found it's defective. It's not really an obvious fault that I would have known to check for on delivery.

Now Ideal Standard have agreed to swap the product, but they will only pay for delivery back to Doble, who tell me they won't waive the delivery fee and so I need to pay £40 to get a new one sent. It seems very unfair that I'm having to pay an extra £40 for faulty goods. The retailer says it is Ideal Standard's fault and not their responsibility, and that is the risk of buying from a retailer who do discounts.

Do I have to just swallow the delivery charge, or do I have any rights?

Any advice much appreciated!

Thanks

Esqui

There shouldn't be any extra charge for faulty goods. Would Doble refund your original delivery charge so as to cover the new one? That's how I do it

chickenist

Well they have told me I have to pay the delivery charge and are putting the responsibility with the manufacturer, while the manufacturer are saying its their responsibility!

Doble's T&C say

4.3 Upon receipt of the goods we will give you a full refund of the amount paid or an exchange credit as required. If the goods are faulty a full refund including original delivery costs will be arranged.

But 4.2 clause states: You can return goods you have ordered from us for any reason at any time within 7 days of receipt for a refund or exchange. The costs of returning goods to us shall be borne by you, and may be more than the cost of the original delivery as this is often subsidised.

Does this mean that I had to return the WC within 7 days of receiving it.

Seems very harsh

Hintza

If the item is faulty then you shouldn't have to pay return delivery, though to get it sorted out (in a timely fashion) you might need to the pursue them for a refund of the charge.

Why can't Ideal just deliver direct to you and miss the retailer out to keep it simple?

chickenist

Thanks Hintza, so do you mean that I should just pay the charge now in order to get the loo delivered (I really want to get this work done before Christmas!) and then try to get them to refund delivery afterwards?

Looking at the Sale of Goods Act, seems to be the retailer's responsibility within 6 months of sale - which is I think what Ideal Standard are saying and why they won't deliver it to us. That would be the simplest thing, definitely.

Hintza

Assuming it is faulty then it is the retailers problem not yours. But as you say you could spend months arguing about it which is a pain an you won't have a loo.

It would not be ideal doing it this way and you will be on the back foot but you need to be pragmatic if you want it finished.

Bit close to Christmas to get it delivered to retailer and then delivered to you. Do you think that is possible?

You really are in a no win situation at the moment.

shortchanged_2

Your contract is with the retailer so it is their responsibility to sort it out. If the goods are faulty then you should most definately not be out of pocket at all.

How much did it cost and how did you pay?

chickenist

Finally got to the bottom of it - Ideal Standard will refund the delivery to Doble - there was some confusion there but got it sorted in the end.

chickenist

The issue seemed to be that we are now getting replacement under warranty rather than from the retailer - because the problem came up when the loo was being fitted.

Mark_Hewitt

chickenist wrote: »

Now Ideal Standard have agreed to swap the product, but they will only pay for delivery back to Doble, who tell me they won't waive the delivery fee and so I need to pay £40 to get a new one sent. It seems very unfair that I'm having to pay an extra £40 for faulty goods. The retailer says it is Ideal Standard's fault and not their responsibility, and that is the risk of buying from a retailer who do discounts.

Your contract is with the retailer as far as YOU are concerned the fault is Dobles issue, nothing to do with Ideal Standard as far as you are concerned. So yes, they are required to supply a non-faulty item at no further cost to yourself. The fact that they have to buy it from someone else is irrelevant - indeed most retailers buy from someone else in the first place, Currys doesn't manufacture all those teles itself!