Bathroom order- delivery dumped, damaged they say no refund!!!

angrybird1234

Hi,

We bought bathroom products of a toilet, taps, shower head from a very well-known Bathroom online company, worth £500.

Last week while waiting for delivery we weren’t given a tracking number so I asked for an update. I was advice they had lost our number and had to chase the order, so we had no idea when to expect delivery of this or have someone at home to sign for it.

Finally 24 hours later, they came back and apologetically said UPS had just left our entire bathroom:
in our front garden (totally unsecured, literally a 80cm brick wall where pedestrians walk past on the pavement outside) which by now had just been sitting there, unsecured, not ever signed for and in torrential rain. The packages - when finally found around 36 hours alert were in an awful state. It meant our builders were set back and started with a different room in our house.

So, 6 days later yesterday they started to get the bathroom out of the boxes to begin work and saw the toilet was shattered in pieces, and totally broken/faulty. I can only imagine the result of the delivery just being dumped into our garden and left outside in this weather.

However, the company are saying their term is to inspect goods within 24 hours of receiving them for any faults- and if there is one you must notify within 24 hours.an unfair term of “a term which tries to prevent you from carrying out your legal rights, for example, your right to a refund for faulty goods”.

Secondly, given the issues with the delivery meaning I was never given a day, time to expect the goods, they were dumped unsigned for outside our house and then we could only inspect them for the first time yesterday (as I was never told when they would be delivered and indeed they didn’t get any signature).

Please can you advice my rights as they are just saying we have to accept this toilet as they give you 24 hours after delivery to check for faults (no replacement or refund less than 1 week after order) despite its broken state and despite all the issues with our order.

The woman is just being beyond rude in her emails now, tempted to post the entire thing on here…

Many thanks!!

mattyprice4004

Post the emails on here and name and shame, to make sure we know who NOT to use!

The 24 hour rule is likely un-enforceable, that'd never stand in a court.

Send a letter before action and if still nothing, take it to small claims. They'll lose.

angrybird1234

Thanks Matty!! I am just so angry... Will post thanks!!

shaun_from_Africa

How did you pay for the goods?
If it was a credit card than you could consider a chargeback or a "section 75" claim (if it cost more than £100), or if it was a debit card, then there is still the chargeback route.

This may be quicker and easier than legal action, and if it did ever get to court, you would then be able to show that you had exhausted all other possibilities before trying court action.

angrybird1234

Thanks, I paid with Visa Debit? Do you think I have a case here-m 24 hours seems mean anyway even without all this extra delivery shambles?!

mattyprice4004

angrybird1234 wrote: »

Thanks, I paid with Visa Debit? Do you think I have a case here-m 24 hours seems mean anyway even without all this extra delivery shambles?!

Yes you do.

zaax

You are allowed a resonable time. 24 hours is not enough. Money claim on line is the way to go.

somethingcorporate

Yep, what a shambolic outfit.

Letter before action and then small claims will see you with your money back. Their terms are rubbish.

WestonDave

Don't know the answer to this but wouldn't the distance selling regulations apply, giving 14 days? Presumably the items weren't bespoke so wouldn't fall in the exemptions?

guineabear

Thank you for highlighting your problem and naming the company. Unbelievable chain of events - UPS and Victorian Plumbing should be keen to replace the item asap and apologise for the inconvenience and loss of time and money for you.
I am in the process of renovating a large house and would never give this company the pleasure of my business and hope every person who reads this will do the same!
Please do not stop your fight for a refund for the damaged item, we all buy online have products delivered to our homes and need to be secure in the knowledge that companies have structured delivery practices in place and will pay if they go wrong !!!!

Shame on you : Victorian Plumbing and UPS !

lucy03

Personally I'd take legal action against Victorian Plumbing (although seek advice of course first) for the damaged items. Their attitude is surprising given the situation they've placed the customer in.

There is an issue of compensation here in my view which needs to be debated between the seller and the carrier, but that is of no direct concern to the buyer IMO.

For a large purchase to be left outside of the house under some rubble is hardly responsible of the carrier unless some prior arrangement has been made, and I'd have thought a responsible company would refund the customer and then deal with a compensation claim against the carrier.