What are my rights?

arcon5

Cut to size by your installation guy as opposed to cut to size by the retailer, yes?
Since the fault was present when you received the goods and you didn't act in a way that could be considered to be rejecting the goods I fear your rights are limited as to be considered to have 'accepted' the goods by modifying them and using them.

You can cancel the order still under Distance Selling Regulations, however you may be considered to be in breach of your duty of care and therefore open to a claim by the retailer.

I think you should contact them and seek a partial refund to reflect the damage and see what they say. Is there any way a repair could be carried out to restore the goods without returning or exchanging? If so this may be the way forward and come to a compromise with the retailer.

Hintza

lovemelovemyshoes wrote: »

Hi,

It has been cut to size (length). I have sent them photographs this morning so they can clearly see that its a wood fault and not our fault.

cheers Dawn:)

Assuming you are correct and it is a fault with the wood you should be OK but be prepared for a fight if your sanding has changed them in anyway.

With large items such as this which need fitted it can prove tricky when bought online. Obviously the company woule like to inspect but can't really.

If they get tricky you want to ask them who they suggest you get round to confirm your diagnosis.

DSR are not relevant inmy opinion so you fall back on SOGA but as I saidd earlier the sanding "could" (ie not will) be an issue.

Good luck stay calm and hopefully they will come good for you.

lovemelovemyshoes

Hi,

well with regards sanding....it does tell you in their installation booklet that sanding with sandpaper is ok. We have even used the oil they recommended but after having wooden worktops before its not the best. If you tap the stave its got a hollow sound to it and not solid. Obviously its a fault underneath in the stave not that noticeable from the top until you sand and then it gets thinner and feels looser. I am prepared to buy some more worktop but I would never again use the company and would name them regarding their rather useless customer service. I am genuine and it just seemed like a little fault that sanding would of fixed yet its a problem lying underneath the stave thats causing the bigger problem. I appreciate the fact that its a natural product and if they want the worktop back i would send it to them. Just hope I can get this sorted . As with other natural products until the finished coat of oil is on sometimes problems dont seem to bad until the oil soaks in.

cheers Dawn

lovemelovemyshoes

Just telephoned them again and .....yet still waiting for them to reply... they said they are now drafting a reply and it should be with me within the hour. Why can't people just give you an answer..this is getting awfully frustrating.

arcon5

Hintza wrote: »

Assuming you are correct and it is a fault with the wood you should be OK but be prepared for a fight if your sanding has changed them in anyway.

With large items such as this which need fitted it can prove tricky when bought online. Obviously the company woule like to inspect but can't really.

If they get tricky you want to ask them who they suggest you get round to confirm your diagnosis.

DSR are not relevant inmy opinion so you fall back on SOGA but as I saidd earlier the sanding "could" (ie not will) be an issue.

Good luck stay calm and hopefully they will come good for you.

What about the fact ops modified the length of it... had it only been a case of sanding it then i'd agree, but materially changing the item could change a major issue, would you not agree?

wealdroam

lovemelovemyshoes wrote: »

Just telephoned them again and .....yet still waiting for them to reply... they said they are now drafting a reply and it should be with me within the hour. Why can't people just give you an answer..this is getting awfully frustrating.

I suspect the reason they didn't give you an answer over the phone is because it may not be the answer you want to hear.

I hope I'm wrong.

However, in my experience this type of fault must always be reported before the product is fitted.

lovemelovemyshoes

Hi,

Thanks all for your help

They have just emailed me saying that I need to buy some filler !!! I don't think so.

I am not prepared to pay £1000 for worktops for them to be filled . I have asked them if I can buy another piece (just the size i need) and they are checking. They think its reasonable to have it filled yet they only guarantee them for 6 months so if they get worse after then I am snookered. I have said in no other terms that I am happy to purchase a new length and have it delivered by express but

1. I would not recommend them to anyone
2. I would name the company and shame their customer service

and do whatever else I could do so that this doesn't happen to anyone else.

She said " I want to try and save you some money ,,, try filling first " .... oh how very kind of them .

I'm not a happy bunny and its not easter yet !

To say i'm furious is an understatement:mad::mad::mad:

Cheers Dawn

lovemelovemyshoes

well... the company have rang and said that they are sending a new piece of worktop all we have to pay is the courier which is great.

I really feel though that the company were in the wrong wanting me to use wood filler.

I do appreciate everyone's advice and stuck out for what I believed was right. I was more than prepared to pay for a new worktop...didnt want to but would of done in the end. Although this would of resulted me in never using this company again and I like moving house so it would of been their loss. Also my joiner said that he wouldn't of recommended them to anyone.

Well i'm happy now after a stressfull weekend... although the old worktop needs to be taken out and hopefully fingers crossed this won't give us more problems.

Cheers All
Dawn

arcon5

lovemelovemyshoes wrote: »

well... the company have rang and said that they are sending a new piece of worktop all we have to pay is the courier which is great.

I really feel though that the company were in the wrong wanting me to use wood filler.

I do appreciate everyone's advice and stuck out for what I believed was right. I was more than prepared to pay for a new worktop...didnt want to but would of done in the end. Although this would of resulted me in never using this company again and I like moving house so it would of been their loss. Also my joiner said that he wouldn't of recommended them to anyone.

Well i'm happy now after a stressfull weekend... although the old worktop needs to be taken out and hopefully fingers crossed this won't give us more problems.

Cheers All
Dawn

Maybe this is a typo, if not :eek:

lovemelovemyshoes

haha no typo...i do like moving .... think thats the woman in me lol....

Worktop should of arrived today but Fedex have now lost it !! but they will find it and send it to us tomorrow.... They also sent one of the upstands which is different to the others and they have to replace that one too...Must admit they have sorted it but disappointed that I have had to chase them.
Hopefully this will all be sorted next week. I am sick of purchasing items to have them delivered with faults in I think that some companies quality checks are not like they used to be...

Cheers all and thanks for your words of advice.

Dawn