Am I entitled to a replacement?

jez9999

I ordered a Windsor 105 White Vanity Basin Unit online from BetterBathrooms (I can't link the product page because I'm a new user) on the 9th October and it was dispatched on the 14th. I paid by credit card (Barclaycard). I did sign for receipt of delivery I believe. My builder has just gotten round to installing the vanity unit and opened the packaging, and the basin is cracked. As far as I know it was like this when I received it (the packaging has been on since delivery).

I contacted BetterBathrooms about this and told them, sending a photo of the cracked basin. They've replied and said that since I didn't tell them in the first 7 days, they "would not look at replacing this free of charge".

I've been reading the Consumer Rights Act 2015 and I believe it entitles me to a replacement of the basin. The only bit that I found very vague was this:

(14)For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.

(15)Subsection (14) does not apply if—

(a)it is established that the goods did conform to the contract on that day, or

(b)its application is incompatible with the nature of the goods or with how they fail to conform to the contract.

Could anyone advise how it is "established that the goods did conform to the contract on that day"? If you signed a receipt of delivery does that establish that the goods confirmed to the contract? Hardly anyone examines goods thoroughly when they sign those. Am I entitled to a replacement without charge? How should I proceed to get one?

societys_child

Hardly anyone examines goods thoroughly when they sign those.

Maybe not, but I always open the package immediately afterwards, to check for damage and avoid the position you now find yourself in.

jez9999

But is the Consumer Rights Act rendered useless just because you didn't open every package? Seems a bit much.

jez9999

Why has my question got so few replies? Most posts here have over 10 and I have virtually none. Seems a bit unfair.

comeandgo

youve left it too long to get a free replacement. You should have checked the items delivered for any sort of damage.

London50

jez9999 wrote: »

Why has my question got so few replies? Most posts here have over 10 and I have virtually none. Seems a bit unfair.

Perhaps because you have the replies that are correct therefore no need for others to state the same, unless you are waiting for the one that says you should get a replacement {somehow I do not think that will happen }

jez9999

Why will it not happen? Why is this not covered under the Consumer Rights Act 2015? That gives you 6 months!!!

LABMAN

jez9999 wrote: »

Why will it not happen? Why is this not covered under the Consumer Rights Act 2015? That gives you 6 months!!!

Gives you six months for what? It doesn't give you six months to open a package and check it.

gettingtheresometime

On the basis you're throwing your toys out of the pram because a) you're not getting the answer you wanted and b) you've been given the answer so there's no point in any one else adding anything .....I'm out

jez9999

LABMAN wrote: »

Gives you six months for what? It doesn't give you six months to open a package and check it.

Actually, from my reading of the law, that's precisely what it does:

(3)If the goods do not conform to the contract because of a breach of any of the terms described in sections 9, 10, 11, 13 and 14, or if they do not conform to the contract under section 16, the consumer's rights (and the provisions about them and when they are available) are—

(a)the short-term right to reject (sections 20 and 22);

(b)the right to repair or replacement (section 23); and

(c)the right to a price reduction or the final right to reject (sections 20 and 24).
...
(14)For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.

In other words, if the goods are not of satisfactory quality (damaged) within the first six months, it should be assumed that they were not of satisfactory quality on the day they were delivered. This applies for (3)(b) which is the right to repair or replacement.

Oakdene

What did it say on the delivery receipt that you signed?