Product not fit for purpose, but outside 30 day refund period?

EvilDes

Hi to all who read and can offer advice!

I am currently renovating a house I purchased to live in, and on 5th February, I bought a shower tray and screen, and a riser kit to raise it off the floor. Because of the nature of the work I'm doing in the house (back to barebrick and rebuilding from scratch) I have only just got round to coming to install these above items.

However, having set the feet under the tray and put into position, it is quite clear that there is excessive movement, which is no good for keeping a watertight seal obviously. Upon closer inspection of the feet "wells" which are set into the tray underneath, it is clear that this is where the problem stems from as there is not enough casting to prevent the movement I am experiencing.

I have now had to factor in the cost of building a proper framework and setting the tray in a sand a cement mix to prevent any movement at all.

I have been in touch with the company I purchased them from (an Ebay store), and explained the situation, provided pictures and have attempted to get a refund for the riser kit, which is rendered completely useless. But the company are saying that because I am out of their 30 day refund period, there is nothing they can do.

Could somebody please advise what my rights are in regards to this please, as having failed to get anywhere with the company through general correspondence, I would like to be able to back up my request for a refund on the riser kit with any rights I may have.

Many thanks in advance!

Des

mo786uk

Sale of Goods Act 1979 - there is extensive guidance either on the MSE website or the OFT SOGA Hub.

Look like you will have to argue that it is not of satisfactory quality.

EvilDes

Many thanks, I had tried to research on this website, but could not find any information regarding it being out of their money back period. I shall delve deeper into the legislation to try and figure it out...

I don't think I have to prove too much that it's not of satisfactory quality as one of the feet wells has actually come out of the shower base because of how little moulding was supporting it...!

bod1467

Be aware though that the seller could require you to return the whole order and not just the riser, depending on how the order was composed. (i.e. was it 1 Shower Kit; or 1 Shower Base + 1 Riser kit + 1 Shower Screen)?

mo786uk

The 30 day period is irrelevant - it may be their own period where they will accept goods back without question but the SOGA will still apply to faulty goods - so it overrides their 30 day period.

Bear in mind if you are saying it is faulty it will need to be faulty for the purpose it was sold for - not just for your own purpose - this might be relevant if you are trying to do something unusual with it.

And as above they can ask for the entire product back. If you have installed some of it then partial refund may be a better angle.

EvilDes

Thanks very much guys.

And yes, having to send the whole order back is a worry I have, because basically it's the shower tray itself which is at fault, but it renders one of the other products I bought completely useless. It was all being used in accordance with how it should be (put feet on, there you go, a raised shower tray).

I think I may just cut my losses here, as it isn't for a great deal of money, it was just the principle of the matter that I had purchased something assuming it would bypass a problem and save me some money.

As it turns out, I am back to square one, and it's cost me money! :beer:

Nevermind eh, onwards and upwards... Thanks for the help! :T

kaya

Sales of goods act is blindingly good if you can get anybody to accept it over their company policy, which most of them won't do unless you can be bothered to take them to court

EvilDes

Yeah, having read through some more of it, I'm sure I could put a case together and argue my point across to them. But for the value, I don't think it's worth my time and effort. Live and learn!