Online order, inadequate description of item

Petit_pois

Hello

I'm looking for some advice.
We purchased a wall hung vanity unit for our en-suite online (this was in January in lockdown so we were unable to go into a showroom and view the item in person). We specifically purchased a vanity unit without a top to it as we wanted a sunken basin and wall hung taps. We found the correct sized basin to fit the unit and ordered this from a separate company. (Just to say my husband is a plumber so he knows what he is looking for when looking at these items). We took receipt of the vanity unit but did not open it for a couple of weeks (our error but we were in the middle of a house extension and so the unit had to be stored in our in-laws garage as the whole back of the house was open and so it was unsafe to store anything in it). On opening the box and getting the vanity unit out, we discovered that the carved out holes in the two drawer units are off centre to the left so we cannot fit the sunken basin on top as we won't be able to connect the waste, which is centre of the basin. 
I have double checked the description of the item on the website, there is no where in the description which mentions that the holes in the drawers are offset, and there is no picture of the drawers open to show this. 

I have contacted the company and informed them of what we have found, all they are saying is that we can fit a worktop basin and use a flexible waste and have informed there is nothing they can do if we have bought an inset sink to go with the unit.

I've done a bit of consumer rights digging and i wondered if i have an argument on the following (From Office of fair trading Government website):
Many people buy goods and services over the internet, by phone or by mail order. These are all examples of distance selling. An increasing range of goods and services are available to consumers1 shopping in these ways2 . Businesses that normally sell by distance means and have systems in place for trading in this way (for example by having standard letters or emails that they send to consumers they deal with at a distance) need to comply with the Consumer Protection (Distance Selling) Regulations 2000 (DSRs)

There is some information that you must give your consumers before they decide to buy from you (Regulation 7) 3.1 You must give your consumers certain information before they agree to buy from you. We refer to this as pre-contractual information which includes the following. 
 (ii) A description of the main characteristics of the goods or services you are offering.

I acknowledge that i am past the time specified to inspect goods and raise concerns (they stated only 2 days from receipt of delivery to check the goods) but does the following apply:
After the deadline for cancellation has passed, a consumer claims that goods are faulty or services do not conform to the contract. Do I have to refund the consumer’s money? 3.67 In general the DSRs do not affect the consumer’s rights under other legislation, for example the Sale of Goods Act 1979 or the Supply of Goods and Services Act 1982. If the goods or services do not conform to the contract and consumers exercise their rights to reject them, you will have to refund their money.

The company's initial argument for not accepting a refund was that we could purchase this flexible hose additionally, but as i've explained it's an inset sink we have bought they are now stating that due to the time that has passed from delivery to now they will not issue a refund. I also requested if an exchange for a suitable vanity unit to match the sink would be possible, if they can identify one, and offered to pay the price difference if they identified one which was more expensive, but they have informed their system is not set up to accommodate an exchange.

Any advice on if we have any consumer rights we can exercise in this case would be much appreciated.

Thanks
Anita

the_lunatic_is_in_my_head

Distance Selling Regulations no longer apply as they have been replaced by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations. 

The minimum time limit for cancelling the contract is 14 days beginning the day after delivery if the trader provides you with:

where a right to cancel exists, the conditions, time limit and procedures for exercising that right in accordance with regulations 27 to 38;

via durable means (typically email or on paper with the goods). If they haven't then the period is extended to either 1 year and 14 days or 14 days after they do provide the information.

You'd need to check your emails and paperwork.

They need to have stated the consumer is to bear the return costs if they wish for you to do so. 

I think it's probably fair to say a vanity unit can't be returned via normal post so they should have also given a rough estimate of the cost of return, if they haven't then they are to bear the return costs. 

If they wish to impose a deduction for excessive handling they also need to have stated this. 

This covers you changing your mind. 


If the goods do not conform to the contract (not as described, etc) there are different requirements but to ask, is the off set holes correct or a fault?  


From a non-consumer rights side, is it not possible to drill holes to match the centre waste or would they overlap or be to close to the existing holes?

JamoLew

2 things:

Is their suggested solution of a flexible waste pipe realistic and feasible ?

Did your husband ask about the position of the pre-drilled holes (not sure if the unit or the sink is “non standard”)

Petit_pois

I've attached a picture so you can see how the drawer is set up to accommodate the waste, drilling our own holes isn't feasible as the drawer would become pretty unusable and unstable. They have informed via email that the product is supposed to be with the waste offset, this is what isn't referenced at all in the online description of the product or in any pictures of it. We did not ask this question prior to purchasing it. 

The flexible waste hose is not feasible and they have acknowledged that as the basin we have bought is an an inset basin with a centre waste this isn't a feasible option. 

Thanks

the_lunatic_is_in_my_head

Do you have a link to the product page on the company's site? 

Petit_pois

https://www.ergonomicdesigns.co.uk/product/DIFT1210~btl-perla-900mm-2-drawer-wall-hung-vanity-unit-no-top-matt-white.html

the_lunatic_is_in_my_head

Is your sink the same type as the ones shown in the sample bathroom shots?

Petit_pois

From what i can see in the pictures, they do show an inset sink. I cannot tell from the pictures if the waste of the sink is to the side as the pictures does not show an angle where you can see in to the sink. But yes it is an inset sink we have bought to put on top of it

lammy82

If you look at the version that includes the inset basin it gives you a strong clue that it might not be a central waste.

Your basin must be from a different range and is not compatible with this unit, unfortunately. 

the_lunatic_is_in_my_head

Looking around it appears that the 600 is centred and the 900 is off set, additional images on the 900mm product page appear to be 600 units and so the sinks are centred. 

Would anyone be expected to know a 900 unit would be off set? 

OP you would probably be arguing that the omission of the info regarding the waste being off set was misleading as was the accompanying images which turn out to be a different product, if the company wasn't willing to agree you'd have to send a letter before action and then go through small claims. Hard for me to say if that would be successful. 

Petit_pois

Thanks for your views and advice it has been really helpful. 

I will continue to try and argue my case a little further.

I did notice when i went back on the website to see if we had just missed anywhere on the description the offset waste, that if you purchase the same vanity unit with the inset basin, or the one with the countertop both those products have images which would suggest an offset waste. However i didn't look at either of those products because i knew i wanted a unit with an open top to accommodate the inset sink we had already planned to purchased.