Consumer Rights Act

beefturnmail

Hi I had some questions about the Consumer Rights Act:
I had some flooring delivered from an online company. 1 pac
k is damaged (planks chipped and dented), which I noticed 2 weeks after delivery. I contacted the supplier asking for a replacement pack. They asked for photos showing the damage, which I did so. 2 days later, I have heard nothing with regards to a replacement (which I can see they have in stock). My questions are:

- How long is a ‘reasonable’ time for them to provide a replacement? I have sent photos clearly showing the damage, I can see they have it in stock, and they were able to send the original order next day delivery. The wait is a little inconvenient as I’m part-way through installing the floor and can’t finish till I have the replacement.

- Can I revoke the request for a replacement and instead reject the goods and ask for a refund, as I am within 30 days of receipt? (I would then just buy the replacement pack from CarpetRight or somewhere). If I do that, would I need to prove fault present on delivery, and if so, how would I do that in practice?

Any comments gratefully received.

Thanks

theonlywayisup

Have you tried to call the company and ask where the replacement is? What do they want you to do with the faulty ones?

beefturnmail

Have tried to call them on several occasions, but it always goes straight to voicemail (and there is no space on there voicemail to leave a message). Numerous e-mails have also gone unanswered. What's my next step - reject the goods as they haven't provided a replacement in a reasonable time, and ask for a refund?

unholyangel

beefturnmail wrote: »

Have tried to call them on several occasions, but it always goes straight to voicemail (and there is no space on there voicemail to leave a message). Numerous e-mails have also gone unanswered. What's my next step - reject the goods as they haven't provided a replacement in a reasonable time, and ask for a refund?

What are the dates involved? When did you first contact them asking for a replacement?

If you agree to a repair or replacement, you can't request a refund until the retailer has had a reasonable time to repair/replace. Whats reasonable is basically up to a court to decide.

beefturnmail

I contacted them to ask for a replacement 2 weeks after delivery. They asked for photos so they can 'assess' which I supplied immediately. Since then (1 week ago), I have heard nothing - no reply to (numerous) e-mails asking for an indication of when I might get a replacement/how long they need to assess, no reply to phone calls -it's majorly inconvenient as the floor is now part installed. Can't see why they won't just send a replacement pack

[Deleted User]

beefturnmail wrote: »

IThey asked for photos so they can 'assess' which I supplied immediately. Since then (1 week ago), I have heard nothing - no reply to (numerous) e-mails

It doesn't sound like they have agreed to replace anything yet.

A week on from sending them photos, they may well will still be considering your complaint for which you have provided them your evidence.

There is no guarantee they will find in your favour, of course.
When you say "damage" do you mean physical damage caused by handling? Or is it "damage" to the pattern etc which might more accurately be described as a fault?

beefturnmail

I mean I opened the pack of laminate and the planks were chipped and dented

[Deleted User]

beefturnmail wrote: »

I mean I opened the pack of laminate and the planks were chipped and dented

Obviously, you should have checked for such damage on receipt of the products.

Two weeks later, such damage could have occurred while in your custody I'm afraid.

What reason did you give for leaving it a fortnight before reporting this damage?

beefturnmail

Moneyineptitude wrote: »

Obviously, you should have checked for such damage on receipt of the products.

Two weeks later, such damage could have occurred while in your custody I'm afraid.

What reason did you give for leaving it a fortnight before reporting this damage?

The reason is I didn't open this particular pack until I was ready to install it, which was 2 weeks after delivery. Every other pack I have brought from them was fine. I thought that any fault present within the first 6 months is presumed to have been there at time of purchase, unless the retailer can prove otherwise?

wealdroam

beefturnmail wrote: »

I thought that any fault present within the first 6 months is presumed to have been there at time of purchase, unless the retailer can prove otherwise?

And you are quite right to think that.

[Deleted User]

beefturnmail wrote: »

I thought that any fault present within the first 6 months is presumed to have been there at time of purchase, unless the retailer can prove otherwise?

You haven't found an inherent "fault" though, you are alleging it was sent to you damaged.