Returning Damaged Item

chez5678

I've recently purchased a mirrored bathroom cabinet online from the bathstore. When i opened the product the mirror was chipped in the corner. Unfortunately i didn't check the product within the 7 days stated on their website and they will not offer me a replacement or a refund - do have the right to demand a replacement by law??

Thanks for any help, it's my first time in this forum!

arcon5

When you say recently, how recently are we talking?

chez5678

The product was delivered on the 21st February and we opened it on Friday 8th March. So on the 11th working day.... not long at all!

Euro_Trio_White

chez5678 wrote: »

I've recently purchased a mirrored bathroom cabinet online from the bathstore. When i opened the product the mirror was chipped in the corner. Unfortunately i didn't check the product within the 7 days stated on their website and they will not offer me a replacement or a refund - do have the right to demand a replacement by law??

Thanks for any help, it's my first time in this forum!

How did you get on?

I've been having almost exactly the same problem with Bathstore. Bought a pile of stuff (almost £2000 worth) from them which was stored in our front room for a week or so until the plumber was ready for them. When he opened the last box, the bathroom mirror cabinet was shattered, and when I reported that to them, they spouted a heap of "our terms and conditions" malarkey. The store and their call centre were both unhelpful approaching hostile and came out with exactly the same words. Perhaps they get a lot of complaints.

Looking at other posts here, it seems the Sale of Goods Act or something to do with credit cards might apply.

Does anyone else have any advice about how chez and I can get our broken mirrors replaced?

unholyangel

You have a "reasonable time" to inspect the goods to assess whether they are within conformity of the contract or not.

From OFT's unfair contract guidance:

Any business selling goods to consumers is legally bound to accept certain implied obligations, whatever the contract says. These are the consumer's 'statutory rights'. Goods must match the description given to them, and be of satisfactory quality and fit for their purposes. Contract terms which deny consumers the right to full compensation where goods are misdescribed or defective are liable to be considered unfair under the Regulations, and are void and unenforceable under other legislation.
2.1.2 As well as potentially being unfair under the Regulations, the use of such disclaimers is liable to mislead consumers about their statutory rights. As such, it can give rise to enforcement action as an unfair commercial practice (see above, page 11)...

Terms requiring that the goods are accepted as satisfactory on
delivery, or imposing unreasonable conditions on their return.
Consumers have a right to a reasonable opportunity to examine goods and reject them if faulty. In the case of complex goods, a reasonable opportunity to examine means a chance to try the goods out. Consumers cannot legally be deprived of this right by being required to sign 'satisfaction' notes on delivery, or by being required to return goods in a way that may not be possible – for example, in disposable packaging that they are likely to discard after opening.

And if you check annexe A of the unfair contract terms.....several companies have been asked to delete or modify terms which stipulate the consumer has to notify them of any defect within 7 days.

So dont be afraid to push the issue with them. Put your complaint in writing. If you already have, write a letter before action giving them 14 days to provide a replacement/refund (you can opt for a refund if you prefer in these circumstances - non acceptance) or you will file against them in small claims.

ThumbRemote

The problem here is that the law is unclear. It allows a 'reasonable' amount of time for you to inspect items, but doesn't define what reasonable is. Clearly you think it's longer than 7 days while Bathstore think it's less.

In the end, if they don't budge you'll have to take legal action, and there's no guarantee of winning that. Maybe you could send a "letter before action" to see if they change their tune, then if not it's your call whether to take the time and risk of a small claims court case.

Euro_Trio_White

Thank you, both unholyangel and ThumbRemote. Especially unholyangel.

The "annexe A of unfair contract terms" document is very interesting. It came up immediately when I googled that phrase, and the relevant part is on pages 34 and 35. Three of the seven examples refer to "7 days" and it looks like the firms were forced to remove them and substitute either nothing or words like "as soon as reasonably possible" or "as soon as practicable".

So it looks like Bathstore's "Terms and Conditions" are not only morally, but legally unreasonable - do I understand that correctly?

So I guess if push came to shove and this went to the small claims court, I could use this as part of my case? (Heaven knows, I don't want to have to take it that far, but I can't afford £279 for a replacement cupboard).

Thanks again to ThumbRemote. I sent a letter to their head office yesterday evening putting my case. From what I read here, I thought I had to do that before a "letter before action". I guess that comes next? Do you think the document that unholyangel discovered improves my chances if it does come to small claims court?

Again, sincere thanks to both of you for this advice.

unholyangel

Euro_Trio_White wrote: »

Thank you, both unholyangel and ThumbRemote. Especially unholyangel.

The "annexe A of unfair contract terms" document is very interesting. It came up immediately when I googled that phrase, and the relevant part is on pages 34 and 35. Three of the seven examples refer to "7 days" and it looks like the firms were forced to remove them and substitute either nothing or words like "as soon as reasonably possible" or "as soon as practicable".

So it looks like Bathstore's "Terms and Conditions" are not only morally, but legally unreasonable - do I understand that correctly?

So I guess if push came to shove and this went to the small claims court, I could use this as part of my case? (Heaven knows, I don't want to have to take it that far, but I can't afford £279 for a replacement cupboard).

Thanks again to ThumbRemote. I sent a letter to their head office yesterday evening putting my case. From what I read here, I thought I had to do that before a "letter before action". I guess that comes next? Do you think the document that unholyangel discovered improves my chances if it does come to small claims court?

Again, sincere thanks to both of you for this advice.

The reasonable time both myself and TR referred to is a question of fact, meaning only a judge can really decide but its usually done on what the average person would find reasonable in the circumstances. Circumstances can take into account things like the item in question (obviously a bathroom cabinet would require less time than something more complex) and the purpose for which they were purchased (ie a wedding, or perhaps you purchase a lawnmower in winter....reasonable time might be extended up to summer).

Personally, I would say its perfectly reasonable for "reasonable time" to be extended until installation of the items as I think most people would store them in their boxes until it came time to install them.

Yes you can use OFT's guidance to support your case, but just to be clear....the guidance isnt legally binding on the courts but its a good indication of what the courts interpretation of the law will be. You are claiming on the basis of non acceptance under SoGA.

When you write your LBA, keep it straightforward and to the point. Dont get caught up in unnecessary details or emotional phrases (i'm disappointed/upset/angry). You bought x item on x date for £x. They were opened on x date in preparation for its installation and it was found to be damaged. You are requesting a refund/replacement under SoGA as the goods do not conform to contract. If you do not receive a satisfactory response within 14 days, you will have no option but to file for a full refund and costs incurred in the small claims court. Title it "Letter Before Action" and send it recorded delivery.

ThumbRemote

Hadn't realised it was £279 - I was expecting about a £25 cabinet. Certainly in that case I'd be taking it further.

Euro_Trio_White

Thanks, again, both.

unholyangel - your points all fully taken. Of course, I am absolutely furious, but communications must be factual and dispassionate. In terms of timescales, the chap at the Citizens' Advice Bureau says, as you did, that what is reasonable depends on circumstances, but that four weeks was usually regarded as appropriate. Bathstore themselves say that you should allow 7 days between delivery and fitting in case something goes wrong. I am in no position to check whether everything is present and correct (what's a "click-clack waste"?) so it seems very unreasonable to insist on faults being reported in 7 days.

ThumbRemote - I didn't pay £279 for the faulty cabinet. I bought over £2000 worth of items, which qualified me for 20% discount, but I would have to pay the full price for a single unit. Even if they sold me a replacement for the discounted price, it's still a hefty sum that I can't afford. You can see why I can't just grit my teeth and buy another cabinet. And I can't go and get one from somewhere else, as this cabinet matches the rest of the bathroom furniture.

unholyangel

Euro_Trio_White wrote: »

Thanks, again, both.

unholyangel - your points all fully taken. Of course, I am absolutely furious, but communications must be factual and dispassionate. In terms of timescales, the chap at the Citizens' Advice Bureau says, as you did, that what is reasonable depends on circumstances, but that four weeks was usually regarded as appropriate. Bathstore themselves say that you should allow 7 days between delivery and fitting in case something goes wrong. I am in no position to check whether everything is present and correct (what's a "click-clack waste"?) so it seems very unreasonable to insist on faults being reported in 7 days.

ThumbRemote - I didn't pay £279 for the faulty cabinet. I bought over £2000 worth of items, which qualified me for 20% discount, but I would have to pay the full price for a single unit. Even if they sold me a replacement for the discounted price, it's still a hefty sum that I can't afford. You can see why I can't just grit my teeth and buy another cabinet. And I can't go and get one from somewhere else, as this cabinet matches the rest of the bathroom furniture.

Indeed, there are changes being made to legislation later this year I believe. The documentation sent by the gov to various organisations (OFT, CAB etc) asking their opinion on propositions actually contained one asking what they think about a term giving rejection rights for 30 days after purchase - with special consideration still given for other circumstances.

The purpose of the changes is basically to make it simpler, so theres less wiggle area. Some of the other changes are 14 days to cancel under dsrs, 14 days to send the item back and 14 days for the retailer to refund you.

Wonder if we'll see an extension of goodwill policies as a result.