Kitchen Design Error - What rights?

pauldaddyadams

Hi,
Can anyone help with a problem I am having – I need to know what rights I have.
We have purchased a kitchen from a well known local store and we have encountered numerous problems along the way (I will not go into all the details).
When we ordered the kitchen we informed the store that we required it urgently and they promised us it could be with us in 2-3 weeks, eventually it took 6 weeks.
On Friday we took delivery of the appliances only to find out that they were in fact the wrong items from what we originally ordered and we have now been told that we must wait an additional 6 weeks for the correct items to be delivered. This means we have effectively been without an oven for 12 weeks as we have moved into a new home with no appliances. Can we seek any compensation?
Another major problem is the design of the kitchen doesn’t actually work. The kitchen designer failed to take into account the door opening on one of the units so we have had to move the base units along to compensate. This throws the whole appearance of the kitchen as it loses symmetry with the window which is what we requested.
What rights do we have as we are now the owners of a kitchen which isn’t laid out the way it was intended to and that we have to wait an additional 6 weeks for the correct appliances to arrive.

paulmapp8306

Depends. With the initial 6 weeks v the 2-3 quoted i think yo uhave no rights. It is not the shops issue, its the suppliers of the appliances. With the incorrect appliances, it depends where the fault lies. if the shop ordered the wrong ones from the supplier you may have a cause for complain - if the suppliers supplied the wrong ones I dont think you have a claim against the shop either (and as the supplier didnt give you the timeframe I double you'd have one against them either).

When it comes to the design - thats a different matter. Id either want some money knocked off the kitchen as its not what was specified, and ended up not as per the design, OR insist on the units going in as designed along with the supplied appliance (provided it could actually be used even if its awkeard - it the door wont open at all this is not an option) - but with a new appliance ordered that WOULD work and replaed free of charge when it arrived.

pauldaddyadams

Hi Thanks for replying.

Its more complicated than I first stated. When we were originally quoted for the kitchen it included appliances (the ones we asked for) priced at £550. However when it was transferred to an order for whatever reason the operator incorrectly put on the cheaper £300 appliance pack which we do not want however, we did not notice this change. The kitchen was paid for on finance. Speaking to the store today they have asked me to return the goods to them, pay in cash the difference (£250 – which I do not have) and wait another 6 weeks. Is this fair? Speaking to another sales advisor who was involved in the design stated to us that she remembered the fact that we ordered the more expensive appliance pack.

Regarding the design – it simply wouldn’t work the way they laid it out. They have an infill of 8mm and the handle is 10mm so the door would always catch. We have resolved this ourselves by moving the kitchen along slightly but it now appears out of symmetry with the window. We have had to get the tradesman to correct this at our cost – can we claim this back? I know its only out by say 25mm but I spent ages with the designer (who has no left) going over the fact I wanted everything to line up correctly.

Other problems I have had include:
Broken Parts
Replacement parts sent were incorrect
Doors with incorrect pre drilled holes
We have had to wait an additional 4 weeks for the fascias to arrive
The fascias were missed off the original finance order so we had to go back in store and pay for this in cash.

All in all its been challenging and still remains unresolved.

Am I protected Legally in any way?

Meepster

Who is the retailer?

Are they backed by the Furniture Ombudsman? Or Trustmark?

pauldaddyadams

It is Homebase - how do I find out?

What would it mean if they are backed?

paulmapp8306

OK. I think asking you to retun the items, pay the difference and wait for the new ones is a reasonable solution to getting the correct appliances - however Id be wanting a reduction in the overall cost (possible by paying less than the difference of the two packs). id also be insisting any difference agreed went on the finance - and they were to sort it (and if they cant you dont pay any difference). Its their error the incorrect pack was invoiced for (however it was paid) so any differences should be paid for in the same was as the rest of the kitchen.

All the other issues you mention are unfortunate - but provided they put them right at no extra cost to yourself I dont think you have any case for compensation TBH. Theres no harm is stating them when you WRITE about the appliance pack issue AND the look of the finished kitchen though as it may add weight to your cause.

How much was the kitchen? Id be pushing for a 10% reduction in finished price SOLEY due to the kitchen not being fitted as specified ~(and agreed). It cant be "put right" as its a design error. It may be that the best you get is that you get the correct appliance package but at no extra cost. If its a fairly cheap kitchen (under £5k fitted say) then id think that would be a reasonably fair final outcome - though if you can get more all the better.

Oh - the fitting of the kitchen should have incurred NO EXTRA COST to yourselves. You agreed the price for the kitchen as designed, fitted. if the design didnt work and needed extra work to make it fit - then homebase should be covering this cost. If they get REALLY difficult, just say the kitchen is not as designed (either the appliances provided, the design or final look), and tell them to come and un-install it and you'll get another supplied/fitted by someone else. If you bought anything else that was not as specified you are in you would be entitled to a full refund. i see no difference here.

Whether your prepared to battle that out, and then put up with no kitchen while you go through the process again - well that would temper how much your prepared to accept from Homebase to keep the kitchen you now have I guess.

pauldaddyadams

Hi,
I really appreciate your advice, I feel lost at the moment and this forum is helping.
The finance seems to be the stumbling block as they are insisting we pay via cash. One option would be that we cancel the existing agreement and enter a new agreement with the more expensive appliances included however there is a real chance we may get refused credit as since then we have brought new sofas on credit and we now have a mortgage. I am also worried about how any changes will affect my credit rating.
Regarding the additional cost this was because I had the kitchen installed privately. This setback did only cost me an hours extra work however it is a cost which I shouldn’t have incurred.
It is under £5k – but at the moment they are not accepting any liability.
I found through searching online that they could be in breech of section 13 of the supply of goods act impling that the service will be carried out with reasonable care and skill – can I quote this as their design is incorrect?

warmhands.coldheart

pauldaddyadams wrote: »

It is Homebase - how do I find out?

What would it mean if they are backed?

There's your problem then!! :rotfl:Sorry. but Kitchen Experts..... They are not!! If you want something basic and not anything like that designed by the "designer" (if that's what you could call them) the they are fine, but don't expect much! We've had one of their kitchens fitted (Supplied by them but fitted by a fitter). quite a few bits wrong but fitter "made do". We were in same position in that we needed to get it on finance. Wasn't expecting anything too fantasic so wasn't disappointed in the end..

pauldaddyadams

But surly I should expect their design to work?

jellie

Homebase is a member of Trustmark. I've a feeling this might be just for their installation services rather than the design and delivery side but it might be worth checking out to see if they can help or advise you - trustmark.org.uk.

Meepster

Homebase are part of Trustmark:

http://www.trustmark.org.uk/supporters/scheme-operators/

Follow the steps here: http://www.trustmark.org.uk/if-things-go-wrong/

ETA: Sorry, I skim read your initial post. If it wasn't installed by them, then Trustmark doesn't really come into it. You will have to deal with Homebase directly to get it resolved and if no resolution can be made, the next step would be Trading Standards...