Faulty goods

Nickyno

My daughter purchased a hot tub from Wave Direct which arrives a week early when she was away on holiday.  Luckily o was able to take care of the delivery on her behalf!

When she arrived home she set up the hot tub at her earliest convenience, however the following day noticed there seemed to be a leak.  She contacted "Wave" who instructed her to check the connection to make sure fitting where in place and this wasn't the cause, she did this, but the tub continued to leak.  My daughter contacted "Wave" again informing them of the result, that the leak wasn't from the connections, but from the tub itself.  "Wave" replied again, asking to empty the liner, and to check the liner for any leaks and take photographic/video evidence of the said leak.  As you can imagine, this is extremely hard to do, on her own, while caring for 2 very.small children,  and the British weather.

What are her rights?
Can she request a new liner/hot tub, due to it being "faulty"?
Is she entitled to her money back?

Thankyou in advance x

the_lunatic_is_in_my_head

How long between delivery and notifying Wave of the issue?

Nickyno

She contacted them 8 days after receiving it, the day after setting it up.
Received on 6th, set up on 13th, notified Wave on 14th.

the_lunatic_is_in_my_head

So you can either reject the goods outright for a full refund within 30 days under the short term right to reject but the retailer can request you demonstrate the goods don't confirm to the contract (in this case what damage is causing the leak and that it didn't occur after receipt).

Or within 6 months it is taken that the goods did not conform* but the retailer may offer a repair, replace or full refund at their choice. 

If it was a tear in the tub and can be patched that would probably be a repair (if it's something you can do without sending it back and forth that's probably easier all round). 

If they repaired or replaced but the goods still did not conform then you may reject out right for a full refund within the first 6 months (or with a reduction if the issue crops up again after 6 months). 

If you are happy with the retailer picking the remedy you can advise that you are exercising your right to repair or replacement as detailed here:

https://www.legislation.gov.uk/ukpga/2015/15/section/23/enacted

and hope they sort everything out. 

*There is one caveat to this which is the assumption they didn't conform doesn't apply if "it is established that the goods did conform to the contract on that day," so if they accept a return but then turn around and say it's customer damage, it's batted back to you to show otherwise. 

Easiest way is probably to find the leak and hope they send a replacement without a return or arrange a collection for the one you have now.