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Defective Glass Waterfall Tap

I purchased a glass waterfall bath tap from Ebay, and just got round to fitting it this week. It looked lovely, but as I filled my bath there was an almighty crack, and my lovely tap fell in half into the bath! Not so lovely - very pleased I was not in the bath at the time!!

I contacted the seller on Ebay who said I should return it - at my expense - and he would supply me with another. No thank you!

He refuses to refund the purchase price, and because I bought it more than 45 days ago, I apparently have no comeback through Paypal.

I feel that the tap is not fit for use, and certainly do not want another as I feel it is dangerous. Should the glass not be tempered to withstand the temperature of hot water? Surely I am covered by consumer rights?!
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Comments

  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I feel that the tap is not fit for use, and certainly do not want another as I feel it is dangerous. Should the glass not be tempered to withstand the temperature of hot water? Surely I am covered by consumer rights?!
    Yes, but it may have had a pre-existing fault or it could have been fitted incorrectly.
  • lucy03
    lucy03 Posts: 520 Forumite
    Part of the Furniture 500 Posts Combo Breaker

    I feel that the tap is not fit for use, and certainly do not want another as I feel it is dangerous. Should the glass not be tempered to withstand the temperature of hot water? Surely I am covered by consumer rights?!

    Was it a private seller or a business that sold it?
  • It was a vat registered UK business.
  • Valli
    Valli Posts: 25,110 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 30 July 2012 at 4:06PM
    Under the terms of SOGA you are entitled to repair, refund or replacement. This is at the discretion of the retailer. You have been offered a replacement. This is very reasonable of the seller given that you are now outside the time period for returns.
    Don't put it DOWN; put it AWAY
    "I would like more sisters, that the taking out of one, might not leave such stillness" Emily Dickinson
    :heart:Janice 1964-2016:heart:

    Thank you Honey Bear
  • alixandgordon
    alixandgordon Posts: 26 Forumite
    edited 30 July 2012 at 7:52PM
    The seller has only offered a £3 refund if we return it at our expense - the tap was £18. It woud cost more than this to post it. He will supply us with another if we pay for another!
  • lucy03
    lucy03 Posts: 520 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    The seller has only offered a £3 refund if we return it at our expense - the tap was £18. It woud cost more than this to post it. He will supply us with another if we pay for another!

    In your position, I'd write a polite but firm e-mail stating that the item wasn't fit for purpose and you'd prefer a refund, but would, at no cost to yourselves, accept a replacement.

    If that doesn't work, consider sending a letter before action (and get a proof of posting), and then you would have the choice to start a claim in the small claims court.

    I personally wouldn't go to that last level, it'd involve more stress than it's quite probably worth, but it remains an option that the seller involved doesn't necessarily know you won't take.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    What's the size and weight?

    Send it via myhermes at £3.30 inc vat. You are only then 30p down since they've offered £3 towards postage, I'm sure it wouldn't take much to get them to send this.
    Although I'm assuming it's a small and fairly light item so postage can't be the much can it?
  • It's actually quite a heavy piece of glass (well, two pieces now), with heavy metal attachment - probably about 2 kilos all in.
    The seller is only offering £3 refund - no free replacement, we have to pay for another if we want another - which we don't.
  • Valli
    Valli Posts: 25,110 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The seller has only offered a £3 refund if we return it at our expense - the tap was £18. It woud cost more than this to post it. He will supply us with another if we pay for another!


    Well that's not how you phrased it in your OP - you just said 'supply us with another'. Because you mentioned returning the first tap it read as though the seller was going to replace it!
    Don't put it DOWN; put it AWAY
    "I would like more sisters, that the taking out of one, might not leave such stillness" Emily Dickinson
    :heart:Janice 1964-2016:heart:

    Thank you Honey Bear
  • Sorry!......
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