bathstore damaged goods?

happy_2008

Hi All
We ordered a shower screen from bathstore which was delivered on 13th March and was subsequently fitted today 30th march by my builder only to find that the corner section of the glass was damaged. My house suffered a water leak and is currently under going renovation which is why the shower screen was fitted at a later date. The manager seemed to quote the 7 day inspection which rule they have under there terms and conditions

To make matters worse my builder has disposed off the packaging and didn't realise the damage until it was fitted. The damaged area was covered with a black corner cap so it's very hard to see unless you rip the cap off.

At this moment in time I could result to credit card charge back but what do I do with the goods if I am issued a charge back from the bank?

pogofish

What campaign does this relate to...?

happy_2008

What happens to faulty goods if I manage to get a credit card charge back?

Inner_Zone

happy_2008 wrote: »

What happens to faulty goods if I manage to get a credit card charge back?

The CC company will own them and advise you what to do with them if successful.

McKneff

You are wasting your time. You broke the terms by not inspecting it in time.
Or your builder could habe chipped it while fitting it. .

happy_2008

Surely there 7 day rule can’t be legal whether it’s in the terms or not? We renovating our house from a water leak and installed a new bathroom from Bathstore, the only reason I ordered the shower screen slightly earlier was because Bathstore calculated the tiles incorrectly. So in order to save delivery cost I ordered them at the same time.

McKneff

You can always try but dont hold your breath, they may replace it out of good will.


Good luck with it.

sheramber

happy_2008 wrote: »

Surely there 7 day rule can’t be legal whether it’s in the terms or not? We renovating our house from a water leak and installed a new bathroom from Bathstore, the only reason I ordered the shower screen slightly earlier was because Bathstore calculated the tiles incorrectly. So in order to save delivery cost I ordered them at the same time.

That doesn't stop you inspecting the screen and then storing it until you need it.

The problem you have now is was it damaged before you received it or was it damaged after you received it, by handling it or how it was stored.

unholyangel

happy_2008 wrote: »

Surely there 7 day rule can’t be legal whether it’s in the terms or not? We renovating our house from a water leak and installed a new bathroom from Bathstore, the only reason I ordered the shower screen slightly earlier was because Bathstore calculated the tiles incorrectly. So in order to save delivery cost I ordered them at the same time.

Even if it is a term of the contract, it would most likely be considered an unfair one.

Read section 2(d) of this guidance on unfair terms. You could also read 2(a) as its relevant in the circumstances.

Any term which seeks to restrict or remove your statutory rights will be deemed unfair and possibly even a breach of the CPRs - under which misleading a consumer about their rights can amount to a criminal offence.

Acceptance is no longer a thing under the consumer rights act - it used to be under the SoGA that acceptance could occur if a reasonable time passed without you imitating to the seller you rejected them (reasonable time was not defined but even under those rules, retailers were not allowed to limit it to 7 days), although even if you accepted the goods....the retailer still remained liable to provide a remedy if they were subsequently found not to conform to contract. The only thing it stopped you from doing was rejecting the goods and insisting on a refund (as opposed to a repair or replacement).

robti

Builder should have inspected it before fitting

DavidFx

How bad is the damage? Photo?
In my experience, any damage to a toughened glass shower screen will shatter it. If the damage is visible (i.e a chip or the corner missing) then you could argue that on the balance of probabilities, this was done before the screen was hardened, i.e at the factory.