PlumbNation

mvb1975

Dear All, I am looking for guidance in respect of my consumer rights with regard to purchasing goods online, a couple of months back I purchased a three sided glass enclosure from Plumbnation, I initially had a problem getting the delivery but after two failed attempts it arrived, there where four panels and a shower tray, quite large and heavy individually packed items, can not be be carried by one person alone, my bathroom was still being plastered and tiled, so these items where stored on my dining table waiting for installation, after a week or so the plumber arrived to start the work, he noticed that the shower tray had been damaged, it had a minimal chip to the front lip, I agreed with him that he should install this irregardless as I did not wish to have to return the item and await a replacement and have to pay him twice, when it came to installing the individual glass panels he again advised that the runners which the interlocking glass panels fit into, which is molded to the glass panel, was buckled and bent, I contacted PN to advise of this and they told me that the quickest way to deal with this was to purchase another panel whilst they investigate and return my money, i sent them clear detailed pictures of the damage etc, basically after escolating this through their complaints procedures they have advised that as i signed for the items and that I had missed their 7 day return deadline, I have no complaint, i also beleive that the damaged item and indeed the second panel I purchased are in fact wrong and dont belong to this unit, however, they have dodged this question, do I have any rights......Please help

Chickabiddybex

Yes you have rights - first of all, what makes you think they sent the wrong items?

unholyangel

Covered by unfair contract terms.

In law you have a "reasonable time" to inspect goods to determine whether they conform to contract. You cannot lose your right to this by agreement, waiver or otherwise.

ETA: http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft311.pdf

2.4.2 The OFT is likely to object to a term that frees the supplier from his
responsibilities towards the consumer where the consumer does not make a
complaint immediately or within an unduly short period of time. This applies
particularly where:
(a) a time limit is so short that ordinary persons could easily miss it
through mere inadvertence, or because of circumstances outside
their control, and
(b) faults for which the supplier is responsible which could only become
apparent after a time limit has expired.

2.4.3 Prompt notification of complaints is desirable because it encourages
successful resolution and is therefore to be encouraged. But taking away all
rights to redress is liable to be considered an over-severe sanction for this
purpose. Where goods are supplied, use of such a term is legally incapable
of producing that effect and may amount to an offence, because it serves
to restrict the consumer's statutory rights – see paragraph 2.1.1.

2.4.4 Any fault found in goods within six months of the date of sale is assumed to
be the supplier's responsibility unless he can prove otherwise. It is therefore
particularly misleading for contract terms to seek to exclude or limit the
consumer's right to redress for faulty goods during the first six months
after purchase. As noted above (page 11) the use of misleading terms may
give rise to enforcement action as an unfair commercial practice.

2.4.6 There is similarly no objection to a term warning consumers of the need to
check to the best of their ability for any defects or discrepancies at the
earliest opportunity, and take prompt action as soon as they become aware
of any problem. Concerns do not arise so long as there is no suggestion
that the supplier disclaims liability for problems which consumers fail to
notice.

And here are the annexes (basically examples from actual companies where OFT found it was in breach of the above guidelines):

Original term
Faulty goods will be exchanged if returned or notified within 7 days from
the date of invoice and returned in original, clean and full packaging.
Action taken
Term deleted.

Original term
Any claim by the Purchaser for compensation for damage done by the
Company must be made in writing to reach the Company within seven
days of such damage occurring in default of which the Company will
accept no liability therefore.
Action taken
New term: Any claim by the Purchaser for compensation for damage
caused by the Company must be notified to the Company as soon as
practicable after the damage is discovered.

Original term
Written notice of any defect in the goods when delivered shall be served
upon the company within 7 days of delivery. The Customer shall be
deemed to have accepted the goods 7 days after delivery.
Action taken
New term: The Customer is asked to examine the goods as soon as
reasonably possible after delivery and notify the Company of any fault or
damage as soon as reasonably possible.

There are other examples but these are the ones that mention 7 days explicitly.

unholyangel

Bah, forgot to include the link for the annexes.

http://www.oft.gov.uk/shared_oft/reports/unfair_contract_terms/oft311annexes.pdf

mvb1975

Sorry fo r the delay in responding to you all and thanks for the guidance, they have pretty much advised that basically they have issued their final response and that I should seek legal advice, does anyone know of any Companys who would take such a small matter and handle it or should i pursue this via small claims

unholyangel

How did you pay for the item and how much was it?

mvb1975

I paid for it on a debit card, it was roughly £700.00 for the whole lot, 4 panels and a tray

unholyangel

You could try a chargeback via your bank but it may fail.


Definitely report them to trading standards. If you cant claim a chargeback, send the company a letter before action.