What are my rights?

FunLovinCriminal

Hi all
I bought a soft close loo seat on thursday. Due to work, family etc, I never got a chance to fit it until.today.
Opened it up
Removed old seat
Placed new seat on loo.
The hinges on new seat are slightly off, whenone sits flat, the other is slightly raised meaning that, for want of a better word, it doesnt fit flush.
Took it back to shop
They refused to refund me, due to it being opened. I could not tell it was not fit for purpose until I opened it.
They also refusd an exchange.
They claim due to hygiene reasons.
None of this was explained to me when I purchased the product.
I not have a £40 loo seat that does not work.
What are my rights here?

Doozergirl

So the actual seat is faulty, it's not that it doesn't fit your loo?

Is this a large retailer where you can escalate a complaint? Your rights are that you are entitled to a refund if the item is faulty.

http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange

FunLovinCriminal

Its b&q.
The loo seat is faulty. The seat not sitting flat on the pan.
They claim its under same rules that prevents returns on underwear.

Doozergirl

FunLovinCriminal wrote: »

Its b&q.
The loo seat is faulty. The seat not sitting flat on the pan.
They claim its under same rules that prevents returns on underwear.

Rubbish. Understandable about a non-faulty return, but this is faulty and you have statutory rights in this case.

If you go back again, you might get someone with a brain. It sounds like you got the wrong person.

If you can't be bothered with that straight away, have a look for a support twitter account. They'll be better trained than the person you spoke to. Twitter is great for problem solving when companies are geared up.

Ikea and M&S have been great with me recently.

DonnySaver

Agreed, If it's faulty then you have every right to take it back for a full refund.

FunLovinCriminal

It was their manager. As the customer assistant say we do not return toilet seats.

Doozergirl

Doesn't surprise me. My H was 'ejected' from a B&Q for similarly arguing a point. He's not one to lose his temper, they just didn't like that he wouldn't accept what they were saying.

I can't stand it when staff think it's their own money they're protecting.

Twitter, I say.

TheCyclingProgrammer

FunLovinCriminal wrote: »

Its b&q.
The loo seat is faulty. The seat not sitting flat on the pan.
They claim its under same rules that prevents returns on underwear.

They are talking nonsense. It is common for retailers to exclude items for hygiene reasons from their refund policy (you have no automatic entitlement to return something if you've changed your mind) and I think there are some exceptions for distance sales (where you do have rights of return).

However, if something is clearly faulty and not fit for purpose, there are no rules that prevent refund or exchange for "hygiene reasons".

https://www.citizensadvice.org.uk/consumer/somethings-gone-wrong-with-a-purchase/return-faulty-goods/

"Under the Consumer Rights Act 2015, goods should be of a satisfactory quality, fit for purpose and as described. My rights have been breached because the item you sold me is faulty. I would like a refund/repair/replacement."

You're entitled to a full refund within 30 days however you're still entitled to a repair or replacement after this time.

FunLovinCriminal

Ok. Twitter are saying they honour what the manager says, in this situation as the manager says no refund, they say no refund.
Whats my next move?

stator

Formal letter of complaint

FunLovinCriminal

Do I have any rights on this?
I never usually bother with these things. But £40 is a lot of money to me these days. With a young family etc.