New bathstore bath arrived broken, but only discovered when fitting two months after delivery

Krishan2907

I purchased a Colorado Premiercast Bath from bathstore in January. The bath has been stored safely still wrapped since delivery in February and was due to be fitted this week, however when the plumber started unwrapping the bath (as per the fitting instructions) we found a significant crack on the front edge of the bath that goes right through the reinforced acrylic.

The reason we chose this bath is because it is reinforced quoted as being 'extra strong' on the website. The wrapping has only been partly removed and the plumber has not started to attach the legs.

We have had a response stating that as we outside the initial 30 day delivery window we cannot get a refund, however their website T's & C's state the following:

7.1 You will be entitled to cancel your contract with us in the following circumstances:

• Internet, telephone and store orders where goods have not been installed and you are unhappy with the goods, for whatever reason, and notify us before the expiry of 30 days from the day on which the goods were received; 
• OR
• Where goods supplied are faulty or not in accordance with the specifications of your order.

In the email we were sent by the customer service team, they did not include the send part of the T's and C's above, so I have gone back to them outlining this in the hope it will help.

Am I right in assuming that as it a faulty product I would still be able to push for a refund?

Any advice would be greatly appreciated!

pbartlett

Yes, and if they don't play ball go to your card company for the refund (assuming you paid by card?)

sheramber

You have had the bath or two months. They could argue that it was broken after delivery 

the_lunatic_is_in_my_head

sheramber said:

You have had the bath or two months. They could argue that it was broken after delivery 

Within 6 months it is taken that the goods did not conform to the contact unless it is established otherwise. 

The retailer simply saying the customer damaged it doesn’t fulfil established in my view, particularly if the retailer hasn’t inspected the goods.

OP unless the retailer has something to demonstrate you damaged the goods you are entitled to a remedy however that can be a repair, replacement or refund.

sheramber

 Who said that they would  say the customer damaged it without inspecting it?

 If the inspection reveals accident damage rather than an inherent fault then the fact that the OP has had it for two months muddies the water a bit.

the_lunatic_is_in_my_head

sheramber said:

 Who said that they would  say the customer damaged it without inspecting it?

 If the inspection reveals accident damage rather than an inherent fault then the fact that the OP has had it for two months muddies the water a bit.

If "They could argue that it was broken after delivery" meant they could collect the bath and undertake an independent inspection in an attempt to demonstrate the OP damaged the bath as it's otherwise taken the goods didn't conform then it was lacking in context for me to understand it's meaning  

OP the Bathstore know your rights, they hope you don't, push back and if you don't get a satisfactory response post back for more advice. 

Krishan2907

the_lunatic_is_in_my_head said:

sheramber said:

 Who said that they would  say the customer damaged it without inspecting it?

 If the inspection reveals accident damage rather than an inherent fault then the fact that the OP has had it for two months muddies the water a bit.

If "They could argue that it was broken after delivery" meant they could collect the bath and undertake an independent inspection in an attempt to demonstrate the OP damaged the bath as it's otherwise taken the goods didn't conform then it was lacking in context for me to understand it's meaning  

OP the Bathstore know your rights, they hope you don't, push back and if you don't get a satisfactory response post back for more advice. 

Thanks for the advice. Unsurprisingly they have ignored my email response with photos of the crack and requesting they inspect the bath themselves, so will call and chase up a response.

Bradden

I'm not sure legally whether this is relevant but I expect Bathstore like other retailers to ask customers to check goods on delivery and report damages/missing items within a set time period.. if you haven't followed that would it affect your claim?

Krishan2907

Bradden said:

I'm not sure legally whether this is relevant but I expect Bathstore like other retailers to ask customers to check goods on delivery and report damages/missing items within a set time period.. if you haven't followed that would it affect your claim?

We did check the bath within the time period given, however the crack wasn't evident until we came to fitting it after being stored safely for two months.

Having spent of lot of time looking into this and doing my own research, the product clearly wasn't satisfactory as it was delivered broken and this was found in the first 6 months of ownership. Therefore our statutory rights overrule the store policy. I have gone back to them with this and am awaiting a response.

Aylesbury_Duck

Krishan2907 said:

Bradden said:

I'm not sure legally whether this is relevant but I expect Bathstore like other retailers to ask customers to check goods on delivery and report damages/missing items within a set time period.. if you haven't followed that would it affect your claim?

We did check the bath within the time period given, however the crack wasn't evident until we came to fitting it after being stored safely for two months.

Having spent of lot of time looking into this and doing my own research, the product clearly wasn't satisfactory as it was delivered broken and this was found in the first 6 months of ownership. Therefore our statutory rights overrule the store policy. I have gone back to them with this and am awaiting a response.

Be careful with this line of reasoning in your communications with the retailer.  You checked it within 30 days and it was fine, but after another month it was found to be cracked.  You can guess what their response to that might be.

CardinalWolsey

Aylesbury_Duck said:

Be careful with this line of reasoning in your communications with the retailer.  You checked it within 30 days and it was fine, but after another month it was found to be cracked.  You can guess what their response to that might be.

More importantly, what a judge would make of it if it went to small claims...