Help please - Bathstore faulty item

josie

We purchased a splash panel (£150), which was delivered on 5/12/13.

We came to install it this week and there is a large scratch on one side and a dent down to the white underneath on the other side as well as a scrape, making it unusable.

We've complained to customer services and have only been offered £50 off a new one. I've also escalated it to their next port of call the Regional manager, with no further luck.

I've quoted the Sale of Goods Act etc., and that the item is faulty. He says it's not faulty it's "damaged". He says we should have reported it within 28 days and I've said that's nonsense.

I've told him that it's up to the store to prove it wasn't damaged within the first six months - he disagrees. Where do I go now please? (other than never ordering anything ever again from Bathstore!)

TIA

bris

He disagrees because its accidental damage that you may well have done.

You have gone beyond reasonable time to inspect the item, 2 months is far to late to claim it was delivered that way so you cant blame them for not taking your word for it, well you can but I can't.

josie

Thanks. It does say in Martin's guide that you have 6 months if something isn't as described / fit for purpose etc., and after that it's up to the store to prove that it was in good condition when it was delivered.

There was no protection around it at all, just a clear plastic sheet covering it - no bubble wrap or anything and the driver left it propped up against our garage as we were out.

I know we should have checked it, but at the end of the day, it was Xmas, we're going through a big renovation project and in Martin's guide, that's why the law is there to protect people who don't check things straight away.

I'm going to email the MD and see whether that gets me any further.

josie

Update: Have been advised to claim from credit card company as paid by card - thank god and it was over £100. Annoyed that Bathstore should get off the hook. But hey, I just want my money back or a replacement, so either works for me.

somethingcorporate

And as already pointed out you should have checked it earlier. Martin's guide covers products that develop a fault within the first six months. You lost the ability to demand a refund by the time it took you to inspect the item. Your excuse is paper-thin, it may have been Christmas but in the same breath go on to say it wasn't wrapped up so hardly a chore to make sure items you paid hundreds of pounds for aren't delivered damaged

Still, I'd expect if you complain loud enough you'll get your way. It doesn't, however, make you right.

josie

According to Martin: "Since 2003, consumers have had extra benefit from The Sale And Supply of Goods To Consumers Regulations.
When goods are faulty, if you return them within six months then it's up to the shop to prove they weren't faulty when you bought them. After this, the burden of proof shifts and it's up to you to prove they were faulty when you bought them.

This comes in handy if you buy goods, but don't use them for a few months "

k3lvc

So if you shout a bit louder that makes you right ?

The goods were damaged not faulty and their T&C's are likely to be clear about the length of time you have to advise them

Time for

josie

I certainly hope so! It's one person's word against another. We know we haven't damaged them.

somethingcorporate

I am playing devils advocate here but the issue is your "faulty" item appears just like a "damaged" item which could potentially be damaged by you.

The fact it took you such a long time to realise it was damaged does not put you in a strong position. If they dig their heels in and you end up in court your behavior (not inspecting an item) may not be deemed reasonable.

For instance, if a consumer buys a mobile phone and six weeks later takes it back with a cracked screen would you expect the retailer to reasonably prove it wasn't sent out with a cracked screen? On the balance of probabilities would you expect it to have come like that or been caused by the consumer? Would you expect a judge to side with the consumer or retailer in this instance?

Yours is little different - the fact it took so long to report casts a great shadow of doubt and it is certainly reasonable to assume that the delay in notifying them of the damage is because it was not there when the item arrived. Your excuse of christmas and having a large renovation project would not (IMO) be reasonable grounds for not spending all of 30 seconds looking at something that you bought that cost hundreds of pounds.

Whether or not you are in the right is ultimately usually irrelevent when it comes to these situations. If you complain long and loud enough you'll get your money back.

Bantex_2

Damaged and faulty are different things.

bris

The six month rule is more for inherently faulty items rather than phyisical damage.

If you 4 month old telly falls off the wall because you didn't put the bracket up properly can you then go back to Currys and say hey look prove it fell of the wall, no of course not but that is the scenario you are trying to pull.

Ps, S75 won't work because the retailer will dispute your version so you are back to square 1.