Wrong & faulty shower valve delivered - consumer rights

tobycgraham

Hi,
after some clarification regarding my consumer rights.
My wife purchased a new shower valve online. It was delivered to me and installed by our plumber. Later that day my wife returned home and told me that it is the wrong shower valve. The company have supplied a different shower valve to the one that we had bought. At the time I really needed a shower, so would've kept it, but then we noticed that it was also faulty.
I contacted the company within 24 hours and told them that they had delivered the wrong item and its fault. After chasing several times, three weeks later they have come back and told me to contact the manufacturer regarding the fault. I have now sent evidence of the fault to the manufacturer and am awaiting a response.

In the event that this will take another three weeks I would like to know if I can return the shower under my contract with the supplier. The supplier told me that I shouldn't have installed the shower if it was the wrong model (I didn't know it was the wrong model at the time).

I would like the return the shower for a refund. Info from another thread states : I cant see any counter claim for diminished value being successful when the loss stems from their own breach of contract (as the innocent party, you shouldn't be worse off due to their breach). 

Is this accurate ? Am I also entitled to charge for the cost of a plumber to install and remove the item ?

thanks

  

DoaM

You have no contract with the manufacturer (other than such as implied by warranty), your (her) consumer rights are with the seller. Now to address the facts:

1) If you'd spotted that it was the wrong unit prior to fitting then this would be easy - the seller would be obliged to collect (or pay you for returning) the wrong item and then send the correct item. By fitting it then it can be argued that you've accepted the alternative that was sent. (You've done more than simply inspect it).
2) To the fault ... which a sceptic may think seems convenient ... within 30 days from delivery then the seller can insist that you prove the fault exists (if you want to invoke your Initial Right To Reject for a refund; if you simply want them to provide a remedy (repair, replace, refund - their choice) then it may be that the burden of proof lies with them). Technically the seller is liable for all costs in providing the remedy ... hence the sceptic comment before ... but it may be difficult to enforce that.

tobycgraham

Thanks. I'm in the process of trying to prove the fault exists, my plumber has verified this. Do I have to wait for the manufacturer to confirm this ? 

Still unsure what action to take. I would like to send the shower back to get a refund.

I paid via paypal. Could I send the shower back at my expense and make a claim through them ?

DoaM

On the basis of them having sent the wrong item then Yes, you should be able to do so. (Send it tracked and upload the tracking to Paypal ... but check with Paypal first - I've never had to do this so I'm only repeating words that I've seen here before on MSE). You'll likely struggle to get anything from the seller though for your consequential losses (fitting/removing) as these were your fault ... I'm assuming your OH spotted right away that it was the wrong unit?

tobycgraham

yes, only after it was installed though ! And I would've kept the item due to the cost/time to replace it had it not been faulty.

DoaM

I have nothing more I can add, sorry.

unholyangel

Goods were not as described/did not conform to contract.

Therefore if OP opts for replacement, they would be liable for any costs involved with that replacement - including labour. If OP opts for refund then they should give a full refund, but it would be up to OP to argue the fitting costs as a loss caused by the traders breach (either partially or in full to be entitled to either partial/full recovery). 

Btw, acceptance only applied under SoGA. But even under SoGA, acceptance only affected the consumers right to insist on a refund, rather than having to accept a repair or replacement - the trader remained liable. Now, under CRA, you just have a blanket 30 days to reject for refund and after that, need to allow the trader the opportunity to repair/replace.

Adam990

Do Footasylum legally have to refund the shipping cost I paid for when getting a refund?

JJ_Egan

Not if they sent you a shower ,

tobycgraham

Hello, I've had an update regarding this. 

The manufacturer of the shower valve has confirmed that it is faulty and has offered to send me a replacement piece - a new cartridge - to get it working again. This has taken weeks to sort out, being batted around between Victorian Plumbing and the manufacturers of the shower valve 'Roxor Group'. The customers service has been shocking and I do not want to deal with Victorian Plumbing ever again, I would just like my money back.

I have explained this to Victorian Plumbing. They responded by telling me that they cannot give me a refund as I may have damaged the valve on installation. I find this incredible - by this logic nothing they sell that has been installed can ever be returned.

This seems like a complete disregard of my consumer rights, where do I stand legally speaking ? I must surely be entitled to a refund.

I have filed a dispute with paypal and have provided them evidence. I have also sent the shower back recorded delivery, which they have received. Is their anything that I can add to my paypal claim to give it further weight ?

thanks

REDkeane

My daughter bought a coffee machine from currys online around 6 months ago.It has stopped working ,so she contacted currys and told them it had a one year guarentee but they said she had to contact the manufactorer and it was nothing to do with them.I thought currys had to replace this item under the sale and supply act. So who is right.
Thanks