B&Q refusing refund

BertrumB

Hi all, hope you can offer advice.

We bought a load of stuff from B&Q at the end of last year to have our kitchen done. This included a black sink and tap. All of this was fitted just before Christmas. The very first time the sink was used it scratched, if anything even touches the sink sides or bottom of the sink, or on the draier bit it scratches. Very disappointed as it looked lovely. I reported this to b&Q straight away via email, i asked for a refund i thought this was fair as it would cost us to have another sink fitted. They replied 6th Dec asking for photos. I sent photos as asked, but got no reply. Sent another email last week as a nudge, no reply.

So today I have rang them. They are saying as I had the sink fitted I have accepted it's condition and so they won't do anything. I have pointed out that until the sink was fitted and used how on earth could I have been aware of this problem :rotfl: the young lad said he totally understood what I was saying and agreed but B&Q policy is once fitted no refund.

He is passing this on to another department who are going to ring on Monday but just wondered f anyone could offer advice? Thanks xx

Doozergirl

Hopefully you will speak to someone who understands you next time. Just explain that it was fine when it was fitted but it is not 'fit for purpose' as it continually marks whenever it is used.

Doesn't matter what their policy is. It's law.

sevenhills

The quality of the goods sold must be satisfactory (prior to 1994, this provision required 'merchantable' quality; this requirement has been retained in most Commonwealth versions of the Act). The Act provides an objective test to determine satisfactory quality; the standard that a reasonable person would regard as satisfactory, taking into account the price, description and any other relevant factors.

https://en.wikipedia.org/wiki/Sale_of_Goods_Act_1979

Doozergirl

Worst customer service in B&Q. My husband was escorted from one by security when the person dealing with him couldn't cope with a refund request.

The whole queue said he'd done nothing wrong (he may well have been annoyed but didn't raise his voice or be abusive) and the security guard had no idea why he was supposed to be escorting him out so he let do his shopping but the security guard came with him. Quite bizarre.

TheCyclingProgrammer

The person you spoke to might be confusing your short term right to reject goods (which expires after 30 days) with your right to a repair or replacement if the goods are not of satisfactory quality.

I don!!!8217;t think they could argue that a sink which scratches so easily is of satisfactory quality as it fails the obvious durability test.

I do believe they have the right in the first instance to repair or replace bug that shouldn!!!8217;t stop you asking for a refund.

BertrumB

Thank you all for your reply. I've just been on B&Q website to look at the reviews for the sink, it must have been a new product when we got it as there were no reviews when we bought it. Lots of customers who bought around Christmas all complaining of exactly the same thing !!!55357;!!!56867;

Just so I'm prepared for the phone call next week, if they continue to say because i had it fitted they won't do anything, what do i say my next step is? Small claims court? I know its not huge amounts of money but its their nonsense that's bothering me now !!!55358;!!!56611;

Debbie_Savard

>I'm prepared for the phone call next week<

TBH, it's better to write giving them 14 days to resolve the issue; get a certificate of posting from the PO. Phone calls are easily forgotten about.

B&Q Customer Services
Torrance House
Erskine
Renfrewshire
PA8 6AT

>what do i say my next step is?<

A letter for the personal attention of the CEO , sent signed-for.

Mr Christian Mazauric
Chief Executive, B&Q
B&Q House
Chestnut Avenue
Chandlers Ford
Eastleigh
Hants
SO53 3LE

Norman_Castle

You might get better help on the consumer rights board.

theonlywayisup

sevenhills wrote: »

The quality of the goods sold must be satisfactory (prior to 1994, this provision required 'merchantable' quality; this requirement has been retained in most Commonwealth versions of the Act). The Act provides an objective test to determine satisfactory quality; the standard that a reasonable person would regard as satisfactory, taking into account the price, description and any other relevant factors.

https://en.wikipedia.org/wiki/Sale_of_Goods_Act_1979

The Op's situation isn't anything to do with SOGA. Not least because SOGA was replaced in 2015 and for goods purchased after 1 Oct 2015 the transaction is covered by the Consumer Rights Act.

Op, under the CRA you had 30 days to reject the items, clearly you are over that as you bought them "last year" and we are now in late February. However, the CRA does give you a window of 6 months to go back to the retailer in situations such as yours and the onus lies with the seller to prove the fault wasn't inherent. If you are over the 6 months, all is not lost but I won't explain further as I may be wasting your time and mine.

Assuming we are within the 6 month period, you need to go back to B&Q and explain that you are exercising your rights under the CRA. Have a read of the link below as it will help you decide what fits your situation and I could type a lot of help which isn't relevant as we don't know exactly when you purchased....

https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act

3card

Debbie_Savard wrote: »

>I'm prepared for the phone call next week<

TBH, it's better to write giving them 14 days to resolve the issue; get a certificate of posting from the PO. Phone calls are easily forgotten about.

B&Q Customer Services
Torrance House
Erskine
Renfrewshire
PA8 6AT

>what do i say my next step is?<

A letter for the personal attention of the CEO , sent signed-for.

Mr Christian Mazauric
Chief Executive, B&Q
B&Q House
Chestnut Avenue
Chandlers Ford
Eastleigh
Hants
SO53 3LE

Dont bother with 'signed for' post. I have done this many times as if they dont want to sign for it then it wont be delivered so you're no further forward

Any letter sent is now with a proof of postage (as you referred to in your 1st point) and i think you will find that will suffice

theonlywayisup

3card wrote: »

Dont bother with 'signed for' post. I have done this many times as if they dont want to sign for it then it wont be delivered so you're no further forward

Any letter sent is now with a proof of postage (as you referred to in your 1st point) and i think you will find that will suffice

Don't bother with an LBA yet. The OP needs to go back to B&Q with the correct legislation.