Worktop woes 😭 What are my rights?

sandy1267

david1951 wrote: »

I hope this works out for you, but it isn't clear cut by any stretch of the imagination.

The law is on your side if you can prove (on balance of probabilities) that the damage was most likely caused either before you got it (very difficult/impossible) or as a result of the company's or delivery driver's negligence (more likely, but still not easy).

I don't see how wednesbury unreasonableness is relevant...?

It's not for me to prove fortunately.
Wednesbury unreasonableness has a lot to do with it

sandy1267

Furts wrote: »

As david1951 says it is by no means clear cut. Consider this statement. They are your worktops, going in your home, ordered by you and paid by you. You are the customer, so you are in control.

Yet...a) You assisted with the worktops possibly being damaged by placing them on their leading edge yet you did not prevent this nor did you register any concerns about this to the driver at the time.

b)you claim the delivery driver was in control of your home environment. So where is your sense of responsibility? Where is your duty of care to yourself?

The Court might strike an analogy with any other building product and ask some fundamental questions. Be it a brick, a block, a sheet of plasterboard, an internal door, or whatever, all require competence to off load and store. You admit you did not have the competence (for this read knowledge) so why did you undertake the task? On the balance of probabilities it is likely you damaged the worktop.

You say I am being unhelpful. I say you do not like the answers I am giving because they do not fit your preconceived ideas of total innocence on your part.

For me to have damaged them (they are smashed, it's like a glass material) I would have had to have dropped them, which I didn't.
I had to carry them in as the delivery driver was a lone person and they were very very heavy

sandy1267

missprice wrote: »

Yes worktops and many many other things are supposed to be stored flat and not ever on edge. And Away from direct heat sources and not in extreme cold. It's a thing you should have known.

The delivery driver may also deliver plants/parcels/windows/doors/turf/TVs/roof tiles/etc etc do you expect him to know how to store every last thing he could potentially deliver, even though you don't?

I suspect you will not win this. Maybe better and more productive to go source some new worktops and get them fitted before Christmas and save your energy for something else.

How would I have known? I've never stacked worktops in my life.

I've had to save for a long time for a decent/working kitchen, I cannot afford to do it twice, regardless, why should companies like this rip ppl off with no redress

Furts

sandy1267 wrote: »

thankyou ... lots to think about there.

and going by reviews, it seems it's a theme to send damaged goods then blame the customer

The worktop company may be useless - I do not know because I have no experience here. In addition the delivery folks could be cheap, fast and uncaring. Again I have no comment to add because you have not enlightened any forum folks on the delivery man/courier company/parcel delivery/whatever. The fact remains you chose to enter a business transaction with this company knowing there were poor reviews on the web. However knowing you were dealing with a risky scenario the common sense action would have been a proactive approach, not a tardy approach.

The company are not playing ball with you, you have admitted to numerous errors on your part and you will get the drift on what impartial folks think from the feedback on this forum.

You are clutching at straws, but who knows? A goodwill compromise may be possible in the Season of Goodwill. Have you tried negotiating?

warehouse

I'm really struggling with some of the utterly useless replies on this thread. Are you all just point scoring with the OP?

If I get a TV delivered and it clearly says on the box to always stack upright, I'll stack it upright. If it doesn't then I may or I may not, I certainly don't go googling how to stack various items I may have delivered. Further to that if worktops can be easily damaged by stacking on the rounded edge then it should SAY CLEARLY on the packaging. I do loads of DIY and have never heard of that one myself, (so should I google that too)?
None of you have mentioned that the worktops appear to be smashed in places, is that down to storage by the OP because if so then kindly explain how stacking causes this?
Now I read that someone thinks negotiating is the best way forward and I nearly spat my tea out!

OP, there's a lot of cheap point scoring going on here. You've had damaged goods delivered and I suggest you take all routes to name and shame these guys unless they comply with the law and replace/refund. Do not yield. Use Facebook, Twitter, local paper etc etc. If you live in the 3 counties area try the consumer show on the local radio too.

missprice

sandy1267 wrote: »

How would I have known? I've never stacked worktops in my life.

I've had to save for a long time for a decent/working kitchen, I cannot afford to do it twice, regardless, why should companies like this rip ppl off with no redress

I had never stacked worktops in my life either until recently, luckily the delivery driver told me to stack flat, the kitchen fitter said flat and away from heat sources, and not out in the cold. But I did know the flat thing, and the heat/cold was common sense.

warehouse wrote: »

I'm really struggling with some of the utterly useless replies on this thread. Are you all just point scoring with the OP?

If I get a TV delivered and it clearly says on the box to always stack upright, I'll stack it upright. If it doesn't then I may or I may not, I certainly don't go googling how to stack various items I may have delivered. Further to that if worktops can be easily damaged by stacking on the rounded edge then it should SAY CLEARLY on the packaging. I do loads of DIY and have never heard of that one myself, (so should I google that too)?
None of you have mentioned that the worktops appear to be smashed in places, is that down to storage by the OP because if so then kindly explain how stacking causes this?
Now I read that someone thinks negotiating is the best way forward and I nearly spat my tea out!

OP, there's a lot of cheap point scoring going on here. You've had damaged goods delivered and I suggest you take all routes to name and shame these guys unless they comply with the law and replace/refund. Do not yield. Use Facebook, Twitter, local paper etc etc. If you live in the 3 counties area try the consumer show on the local radio too.

OP admits to storing them for two weeks, who knows where, who knows what happened to them in those two weeks, you can't blame the delivery driver or the company that sent them when it's very possible they were damaged inside those two weeks.

Fwiw I believe the OP that they were damaged when they arrived, but OP didn't check there and then, so has very little chance of redress. The company will point at those two weeks and say "but we don't know what happened"
A judge can only go by what is reasonable. In this case it's reasonable they were damaged while stored in OPs home.
There are better fights to fight, choose your battles wisely

Carrot007

warehouse wrote: »

I'm really struggling with some of the utterly useless replies on this thread. Are you all just point scoring with the OP?

If I get a TV delivered and it clearly says on the box to always stack upright, I'll stack it upright. If it doesn't then I may or I may not, I certainly don't go googling how to stack various items I may have delivered. Further to that if worktops can be easily damaged by stacking on the rounded edge then it should SAY CLEARLY on the packaging. I do loads of DIY and have never heard of that one myself, (so should I google that too)?
None of you have mentioned that the worktops appear to be smashed in places, is that down to storage by the OP because if so then kindly explain how stacking causes this?
Now I read that someone thinks negotiating is the best way forward and I nearly spat my tea out!

OP, there's a lot of cheap point scoring going on here. You've had damaged goods delivered and I suggest you take all routes to name and shame these guys unless they comply with the law and replace/refund. Do not yield. Use Facebook, Twitter, local paper etc etc. If you live in the 3 counties area try the consumer show on the local radio too.

While I agree people are being a bit blunt here I do agree with them.

A TV is a consumer item and packed as such. A worktop requires skill to fit so it can be assumed those ordering one know what to do with it.

It is common knowledge that is gets harder to reject delivery damage for "DIY" things the longer it is left. I would inspect as much has possible during delivery and in full shortly after.

I would expect the copmpany to let it go to small claims. And they have a good case. It has been said they are glass. Glass is fragile and storing as the OP did is obviously bad. However they are a comapny and they could get a default judgement and luck out.

theonlywayisup

Regardless of how the items were stacked or when the damage may have occurred the OP has 30 days to reject the items.

If the company don't play ball then he/she may have to send an LBA and threaten legal action. 30 days right to reject is legislation, therefore it won't need anyone to rule on the balance of probabilities, it's clear cut.

missprice

theonlywayisup wrote: »

Regardless of how the items were stacked or when the damage may have occurred the OP has 30 days to reject the items.

If the company don't play ball then he/she may have to send an LBA and threaten legal action. 30 days right to reject is legislation, therefore it won't need anyone to rule on the balance of probabilities, it's clear cut.

Thought they had to be sent back intact, in whatever wrapping came with?
OP already stated the joiner started fitting one when the damage was noticed

theonlywayisup

missprice wrote: »

Thought they had to be sent back intact, in whatever wrapping came with?
OP already stated the joiner started fitting one when the damage was noticed

If it is being rejected, then no.

If it's a change of mind, then yes and no. The seller can make a deduction if the handling has reduced the value of the item but cannot refuse a refund just because there is no packaging. There is only a 14 day window for change of mind.

I didn't realise the OP had fitted the item, if it's been cut then he will have a problem.