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Fit for Purpose Question

Sneekes
Sneekes Posts: 4 Newbie
Eighth Anniversary Combo Breaker
edited 25 July 2016 at 7:03PM in Consumer rights
I purchased some SplashPanels from the BathStore. The manager of the store came to our house to measure up and calculated the number of panels we needed.
When our bathroom fitter came to fit them, we discovered that although they were the stated length - that length was 5cm too short (which would leave us with an unsightly gap at the ceiling).
I was within the 14+1 day return limit, so requested BathStore come collect them, at which point they stated that their T&C excluded SplashPanels (and tiles) from their cancellation policy. I'm challenging that - as they're not mentioned in the T&C I can see (On their website and in their brochure), but I have a thought that could trump that:

Given that their employee measured our bathroom and decided on the appropriate boards - are they Fit For Purpose as per CRA?

Comments

  • pinkshoes
    pinkshoes Posts: 20,224 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Sneekes wrote: »
    I purchased some SplashPanels from the BathStore. The manager of the store came to our house to measure up and calculated the number of panels we needed.
    When our bathroom fitter came to fit them, we discovered that although they were the stated length - that length was 5cm too short (which would leave us with an unsightly gap at the ceiling).
    I was within the 14+1 day return limit, so requested BathStore come collect them, at which point they stated that their T&C excluded SplashPanels (and tiles) from their cancellation policy. I'm challenging that - as they're not mentioned in the T&C I can see (On their website and in their brochure), but I have a thought that could trump that:

    Given that their employee measured our bathroom and decided on the appropriate boards - are they Fit For Purpose as per CRA?

    Are there any photos of how they SHOULD fit?

    Are they claiming that there SHOULD be a gap at the top?

    If there is not supposed to be a gap, and you asked for panels that went up to the ceiling, then this is what they need to supply. Can you prove this?
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You should always have a small gap at the ceiling, which you'd silicone to allow for movement but 5cm is a bit on the large side. Are these for a shower and will the panels sit on the floor or the shower tray. If the former then simply sit them on spacers to get the desired height.
  • Pinkshoes:
    I haven't broached this argument with BathStore yet as not sure it has legs.
    We said we wanted this wall and that wall covered with panel(s), but we never explicitly mentioned they had to go to the ceiling. I would think the general assumption around SplashPanel is that you'd want them floor to ceiling?
    I do however have a CAD-style picture he produced - which shows the panels going full floor to ceiling!

    Neilmcl:
    A bit of both, some on the shower tray, some on the floor. To complicate matters the BathStore originally accepted the return - at which point I bought some bigger panels from elsewhere (BathStore don't do >2400mm) which are now half-fitted.
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