Checking bathroom items

Jonah01

Hi,

Had some shower panels delivered today. The place I purchased them from (and like most online bathroom places) have stated I need to check for damages within 48 hours or they can't guarantee replacements.

I have politely emailed them saying the plumber isn't due to install them for another week and it isn't realistic for me to unpack 600mm by 2000m glass panels weighing over 25kg and them repack them.

What are my actual rights in this scenario?

Thanks

unholyangel

Your rights are 30 days to reject for a refund or you can request a repair/replacement. If you reject for a refund then you would have to show the items inherently failed to conform to contract. If you opt for a repair/replacement then any lack of conformity is assumed to be inherent unless the retailer proves otherwise or the assumption is incompatible with how the goods fail to conform.

Even under the SoGA - in which you had the right to a refund if you had not accepted the goods.....terms limiting your statutory rights (such as those stating faults need to be reported within 7 days - never mind 2) were unfair. Theres no issue with them stating that goods should be checked as soon as reasonably possible, just as long as its not used in any way to mislead you about your rights or remove/restrict those rights. However, even under SoGA, it only affected your right to a refund - not your right to redress.

Really though, whats more hassle....checking them now or waiting until the plumber gets there, discovering some are damaged and having to rebook plumber/potentially spend money, time & effort into getting redress from the company? The time a returns policy should be checked is before purchasing, if you don't like what you see then don't buy.

Jonah01

unholyangel wrote: »

Your rights are 30 days to reject for a refund or you can request a repair/replacement. If you reject for a refund then you would have to show the items inherently failed to conform to contract. If you opt for a repair/replacement then any lack of conformity is assumed to be inherent unless the retailer proves otherwise or the assumption is incompatible with how the goods fail to conform.

Even under the SoGA - in which you had the right to a refund if you had not accepted the goods.....terms limiting your statutory rights (such as those stating faults need to be reported within 7 days - never mind 2) were unfair. Theres no issue with them stating that goods should be checked as soon as reasonably possible, just as long as its not used in any way to mislead you about your rights or remove/restrict those rights. However, even under SoGA, it only affected your right to a refund - not your right to redress.

Really though, whats more hassle....checking them now or waiting until the plumber gets there, discovering some are damaged and having to rebook plumber/potentially spend money, time & effort into getting redress from the company? The time a returns policy should be checked is before purchasing, if you don't like what you see then don't buy.

Even victorianplumbing state 48 hours when it is in fact 30 days.

There is no issue when the plumber is booked in. We are currently having an extension so I don't really want to be pressured within 2 days of delivery to struggle with two giant 10mm thick glass panels and then having to repackage them safely again so they don't get damaged on site.

For smaller items sure it makes sense.

I

neilmcl

Getting a refund for something that is faulty is different for getting a refund for goods that have arrived damaged. If goods have arrived damaged it is extremely difficult to prove this hasn't happened whilst in your care, hence the requirement for you to check at or shortly after delivery.