Damaged goods not being replaced!!

Mr007

I bought a radiator from Easy Bathroom (store) in September 2022 and it was delivered to me in September. I paid on credit card. 

The  bathroom fitter let us down and we couldn’t get anyone else in until now (February 2023).  Radiator has been sat upright in its box in a spare room.

The style of radiator has a shelf that sticks out and we only just discovered it’s bent inward (it’s made of steel).

I asked Easy Bathroom customer service for replacement, they said their terms and conditions are for any obvious damages to be reported within 48 hours of receiving goods, but allow up to 30 days to advise. As it’s now been 21 weeks since the delivery took place they are unable to ascertain how this has been stored or handled. So, no

be able to replacement free of charge.

They offered me to buy a new one with 10% off price I paid and I have to also pay delivery fee.

I still would like a replacement, am I covered under consumer rights act or can they say I have no rights as it’s too late (outside of their 30 day policy).

TELLIT01

It's not unreasonable to expect a delivery of a radiator to be checked in accordance with their T&C so I doubt you have any consumer rights to anything.

sheramber

Your problem is that you have no proof that is arrived damaged and has not been  damaged  in these  21 weeks.

I assume you did not check it when it arrived.

DullGreyGuy

Supplier T&Cs cannot overwrite your statutory rights and so you need to deal with this under the Consumer Rights Act rather than their T&Cs. 

Ultimately it's going to come down to a debate on if this was pre-delivery damage or post-delivery damage. The law however puts the onus on them to prove it wasn't damaged on delivery/that you've damaged it as its under 6 months old. Unfortunately enforcing your rights are not necessarily easy. 

Mr007

I opened the box to have a look but the edge of the “shelf” that’s bent was covered with polystyrene and I didn’t look that closely, it all appeared ok.  Kicking myself now though!

I read in consumer rights act you have 30 days for refund, but over 30 days up to 6 months, they have to offer repair/replacement? Do their T&C’s overrule the consumer rights act?  

Mr007

sheramber said:

Your problem is that you have no proof that is arrived damaged and has not been  damaged  in these  21 weeks.

I assume you did not check it when it arrived.

I read within 6 months it’s not up to me to prove this.

Manxman_in_exile

As it's within 6 months why wouldn't there be a legal presumption under the Consumer Rights Act that the radiator was already damaged when it was delivered - unless the trader can show it's more likely than not that the damage was caused after delivery?

Assuming this is a consumer contract and not a business contract, the trader's T&Cs about 48 hours (or 30 days to advise, whatever that means?) aren't enforceable, are they?  Whether it's reasonable or unreasonable to check the radiator in accordance with their T&Cs is neither here nor there.

DullGreyGuy

Mr007 said:

I read in consumer rights act you have 30 days for refund, but over 30 days up to 6 months, they have to offer repair/replacement? Do their T&C’s overrule the consumer rights act?  

Or refund.

No, their T&Cs can only supplement not replace your consumer rights assuming its a consumer sale

zoob

Mr007 said:

sheramber said:

Your problem is that you have no proof that is arrived damaged and has not been  damaged  in these  21 weeks.

I assume you did not check it when it arrived.

I read within 6 months it’s not up to me to prove this.

Thats correct but they would say you've had the radiator 6 months and not reported any damage therfore to them it's being perfectly fine until now

If that's the case it's back to you to prove beyond reasonable doubt that you where unable to inspect radiator  before it became around 6 months old

user1977

zoob said:

Mr007 said:

sheramber said:

Your problem is that you have no proof that is arrived damaged and has not been  damaged  in these  21 weeks.

I assume you did not check it when it arrived.

I read within 6 months it’s not up to me to prove this.

If that's the case it's back to you to prove beyond reasonable doubt that you where unable to inspect radiator  before it became around 6 months old

No, on the balance of probabilities. This isn't a criminal trial. 

born_again

Can you not bend the shelf back?

Would solve the issue.

Retailer could argue that while sat upright, the shelf was lent against the wall.