Bathstore issues

MB69

Hello

Wondering if you can help me.

We went to our local bathstore before Christmas and ordered a new bathroom suite at the cost of £3200. It was a full suite to replace everything in our new bathroom.

The order was initially due to for delivery before Christmas, but due to issues with the new bathroom, I rang them and ask for delivery to be delayed by 4 weeks. They agreed. However coming near the delivery again ( well about 2 weeks before ) I knew we weren't going to be ready and asked for it to be delayed again . I must say I had already paid for the bathroom. But this time they said it couln't be delayed any longer and had to be delivered. So reluctantly I accepted but ecplained my dispaointment as that would have meant the bathroom suite would have to sit in my garage until I was ready for it.

Items were delivered. I checked from outside the boxes and they all looked ok. So didn't think much of it anymore.

However today, about 5 weeks after the delivery, we went to put the items in the bathroom and the sink is broken. I phoned them up, and they said it is my fault as it had to be checked within 7 days and they be notified of the problems. However as a gesture of good will, they would be happy to give me 50% off a new item as it was my fault item wasn't checked. But the 50% would be off the RRP and not the special offer price that they had on. The unit normally is £220, but it was on offer for about £130 at the moment ( different discounts and ... , you know the deal). So it would work out almost the same price as buying a new unit again!

Can someone please tell me what my rights are and what I can do? is the company right in saying I can't get a replacement even though it is only 5 weeks? There were about 50 boxes of bathroom stuff delivered ( tiles, floors, units and ... ) and 7 days is it an acceptable time?

I have emailed them in writing and ask them for their advise. I have also said I am happy to pay 50% of the current price and not the RRP.

Any help appreciated.

naedanger

MB69 wrote: »

Hello

Wondering if you can help me.

We went to our local bathstore before Christmas and ordered a new bathroom suite at the cost of £3200. It was a full suite to replace everything in our new bathroom.

The order was initially due to for delivery before Christmas, but due to issues with the new bathroom, I rang them and ask for delivery to be delayed by 4 weeks. They agreed. However coming near the delivery again ( well about 2 weeks before ) I knew we weren't going to be ready and asked for it to be delayed again . I must say I had already paid for the bathroom. But this time they said it couln't be delayed any longer and had to be delivered. So reluctantly I accepted but ecplained my dispaointment as that would have meant the bathroom suite would have to sit in my garage until I was ready for it.

Items were delivered. I checked from outside the boxes and they all looked ok. So didn't think much of it anymore.

However today, about 5 weeks after the delivery, we went to put the items in the bathroom and the sink is broken. I phoned them up, and they said it is my fault as it had to be checked within 7 days and they be notified of the problems. However as a gesture of good will, they would be happy to give me 50% off a new item as it was my fault item wasn't checked. But the 50% would be off the RRP and not the special offer price that they had on. The unit normally is £220, but it was on offer for about £130 at the moment ( different discounts and ... , you know the deal). So it would work out almost the same price as buying a new unit again!

Can someone please tell me what my rights are and what I can do? is the company right in saying I can't get a replacement even though it is only 5 weeks? There were about 50 boxes of bathroom stuff delivered ( tiles, floors, units and ... ) and 7 days is it an acceptable time?

I have emailed them in writing and ask them for their advise. I have also said I am happy to pay 50% of the current price and not the RRP.

Any help appreciated.

You rights are to goods delivered to you free of fault. However you would need to take them to court and convince the court that on the balance of probability the goods were delivered damaged. (Strictly speaking the onus would be on the retailer proving, on the balance of probability the unit was not damaged on delivery, but it comes down to virtually the same thing.)

In practice I think you are sensible to instead try and negotiate a solution since your probability of winning may only be around 50% and you would have the expense and bother of taking them to court.

I suggest you try and continue with the negotiation (it seems like only £45 separates you). I would have thought they would agree to your suggestion given the amount you actually spent. I would suggest you say how happy you are with the goods and service to date but feel they are treating you unreasonably over a small amount of money which has taken the shine off your purchase. (For £45 I would expect they would rather have a satisfied than dissatisfied customer.)

If you paid by credit card for the item you could complain to your cc company. (But think negotiation may be a better practical solution if you want a quick solution.)

MB69

Ok thanks for the response.

I am happy to negotiate with them, do I need to keep it to emails?

If they are not happy to move on the RRP vs Discount price, do I tell them that I am thinking about taking them to court if not able to agree on a solution or would that make matters worst?

Thanks

naedanger

MB69 wrote: »

Ok thanks for the response.

I am happy to negotiate with them, do I need to keep it to emails?

If they are not happy to move on the RRP vs Discount price, do I tell them that I am thinking about taking them to court if not able to agree on a solution or would that make matters worst?

Thanks

There is no one style to negotiation. But being friendly but firm is often the best approach, especially if you are not in a strong position.

Make sure you are speaking to someone who has authority to offer a remedy. Also consider what might motivate the person you are speaking to - what motivates a customer service rep is likely to be different from what motivates the store manager or owner.

Personally I would try over the phone and if that is positive send an email to confirm.

I would also only threaten an action I intended to follow through on. So if you do plan to sue then if necessary make them aware you will sue (and then for the full cost). Alternatively if you paid by cc then you could make them aware you will take the matter up with the cc company, again for the full amount. If all that you will do is be unhappy with them, then that is all I would "threaten", but only an owner, or possibly sales manager, might take any interest. If you are speaking to someone junior you could say you will escalate, but only if you do intend to. (And you should only be discussing the matter with a junior member of staff if they still have authority to offer a remedy.)