Worktop woes 😭 What are my rights?

missprice

theonlywayisup wrote: »

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.

Says in OP started on one realised was broken, then started on another. Not sure how much cutting been done on either.

david1951

theonlywayisup wrote: »

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.

I can sue you for £1M in damages for disagreeing with me on this forum; doesn't mean the court will rule in my favour.

If court action is threatened, and the company refuse to pay, a judge will need to decide if the company was negligent. To suggest otherwise is misleading the OP, and they could well lose the case if they turn up thinking that it is 'clear cut'.

Hopefully the discussions with the company (and other suggestions) lead to a favourable outcome for the OP.

sandy1267

Furts wrote: »

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?

Thankyou, yes I have, I alerted them immediately and stated that I wasn't looking for a refund, simply an undamaged replacement, the rep stated that the supplier are pretty good so don't lose hope (I genuinely love this worktop)
30 minutes later the Rep emailed me to say sorry but no, you didn't check within 48 hours.
I emailed back (to keep a paper trail) to say it was impossible for me to lift them to check let alone lift them to damage them, they replied stating that they didn't need lifting to check them? Then all communication ceased, so I sent a letter of breach if contract which has been ignored so far

sandy1267

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.

Thankyou.
I am going to give them the fortnight I've afforded them to reply to the breach of consumers rights act, a little more than they gave me I might add.

I'd understand more if I just thought 'nah found it cheaper elsewhere' or a similar attitude, but I have morals and am totally honest, therefore expect the same courtesy.

If they don't replace them, they will go to court, I have absolutely no worries about doing so, but let's give them a chance to put things right first 😊

sandy1267

missprice wrote: »

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.



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

They were placed in my front room by the delivery driver (who stacked them that way) not near heat or cold, I can't have damaged them as I couldn't move them nor did I try.
As others have reported the same damage in the same place, I think it's reasonable to say it didn't happen in my home, I didn't have other people's worktops in my house! If ONE was damaged I think I'd probably have just urchassd another, but all 3? They were met with the same response as me.
The only damage done was me breaking my toe on one.
I live alone so no one else touched them either.

Hermione_Granger

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.

It's far from being clear cut.
Yes, a consumer has the right of rejection for up to 30 days from the date of delivery for goods that are faulty but in this instance, the onus is on the consumer to prove the breach of contract.

If the seller has something stating that the worktops were inspected when being loaded onto the delivery van and also a signed note from the OP stating that they were checked and were in good condition when delivered and were in the OP's possession for a further two weeks, it's possible that a judge could decide that the damage happened after delivery.

sandy1267

missprice wrote: »

Says in OP started on one realised was broken, then started on another. Not sure how much cutting been done on either.

I thought they'd replace the one that was damaged so didn't think carrying on fitting would be a problem (before I realised that was damaged too) - after all that's what an honest company would do.

While replying to you I was waiting for an independent kitchen fitter for another opinion, I truly want to be able to genuine and honest in stating my case, it's the responsible thing to do.

Straight away he said "that's been hit with a forklift!" Which funnily enough, is what a goigle reviewer said when his turned up in the same state.

I only wish I could post pictures here to show you the true extent of the damage, I'd literally have to take a sledgehammer to it to cause that sort of damage ... I just want my dream worktops in, undamaged.
I'd even be happy to pay a second delivery as I found it to be very reasonable

missprice

sandy1267 wrote: »

I thought they'd replace the one that was damaged so didn't think carrying on fitting would be a problem (before I realised that was damaged too) - after all that's what an honest company would do.

While replying to you I was waiting for an independent kitchen fitter for another opinion, I truly want to be able to genuine and honest in stating my case, it's the responsible thing to do.

Straight away he said "that's been hit with a forklift!" Which funnily enough, is what a goigle reviewer said when his turned up in the same state.

I only wish I could post pictures here to show you the true extent of the damage, I'd literally have to take a sledgehammer to it to cause that sort of damage ... I just want my dream worktops in, undamaged.
I'd even be happy to pay a second delivery as I found it to be very reasonable

I have said previously I believe you. But what I believe and what you can prove are world's apart.
You have admitted cutting them too, a judge, should it go that far, will have even less reason to side with you.
I am truly sorry, but I think you are wasting your time fighting this, just go to a shed and buy some new worktops.
If you want to post pics, put them on a hosting site and link here.

sandy1267

missprice wrote: »

I have said previously I believe you. But what I believe and what you can prove are world's apart.
You have admitted cutting them too, a judge, should it go that far, will have even less reason to side with you.
I am truly sorry, but I think you are wasting your time fighting this, just go to a shed and buy some new worktops.
If you want to post pics, put them on a hosting site and link here.

I really cannot afford to pay out twice for these worktops, they're expensive and I don't feel I should settle for some cheap version as a consolation prize.
The very fact that there are many many people stating this company has taken their money, leaving them with damaged goods, suggests to me that they make a lot of money on others misery.

It is my understanding that it's not up to me to prove I did not damage them, although obviously the company cannot claim it takes two to lift them, then that I should have lifted them alone, then that they don't need lifting to check them and expect these inconsistencies to form a defence.
Remember that they blamed me for damaging them immediately without even checking with the courier or their own quality control, apparently this is also standard practice.
It's such a shame as I'd love nothing more than to say to you that I have an amazing new kitchen and can thoroughly recommend this company to anyone.

theonlywayisup

david1951 wrote: »

I can sue you for £1M in damages for disagreeing with me on this forum; doesn't mean the court will rule in my favour.

If court action is threatened, and the company refuse to pay, a judge will need to decide if the company was negligent. To suggest otherwise is misleading the OP, and they could well lose the case if they turn up thinking that it is 'clear cut'.

Hopefully the discussions with the company (and other suggestions) lead to a favourable outcome for the OP.

No need to sue david, the legislation allows for a rejection within 30 days.