Wickes kitchen install - refund on unused items?

phatus10

I've recently had a new kitchen install through Wickes. During the build my installer mentioned there are some items left and said I could contact Wickes about getting a refund. The items total £600.

I've contacted Wickes via phone & email a number of times and have got nowhere. They didn't even respond to the emails. During one of the phone conversations the customer rep mentioned I would have been told about the returns policy.

I'm certain this wasn't mentioned to me in person, but I found the following in their lengthy (about 20 pages) T&C on my quote:

"Returns Your Design Consultant has produced your design to your specific requirements and your order will contain everything you need to complete your design. You may find you have some plinth, pelmet, cornice, individual tiles or other similar materials left over. This is supplied to ensure there is sufficient material to allow the installer to minimise the number of joins and provide the best finish possible. These materials are non-returnable and not exchangeable and we recommend keeping them in case of accidental damage or future changes to layout. As a consumer customer you may have additional legal rights and this policy does not affect these rights."

I was planning to go through the small claims process until I read the above, as this seems to cover them in this exact situation.

I'm unsure about two things though...

1. The way I read this is it sounds like it covers them for minor items being left over. As mentioned the items left over are worth £600! To me it seems crazy I could be charged so much extra for something I don't need. These remaining items are side panels for the cabinets & fridge/freezer, which simply weren't needed due to their not being any room for them to be inserted where they were supposed to go.

2. What does it mean by "As a consumer customer you may have additional legal rights and this policy does not affect these rights"? What are these additional rights?

Is going through small claims likely to result in me receiving a refund? If not I guess I just throw the items I have in the rubbish. Seems a massive waste of materials, seeing as they're generic items which could be used on someone else's kitchen.

the_lunatic_is_in_my_head

What items do you have left OP?

If they designed the kitchen and you have items that didn’t fit like a cupboard then you could probably articulate they you’d be due a refund as they didn’t carry out the design aspect correctly. 

Perhaps similar if you have a full length of worktop or excess side panels.

If these leftover bits have a use then they could be sold, or offered for free if you need to get shot of them sooner rather than later, on Freecycle, Facebook, etc. 

tightauldgit

How exactly did you buy the items? Did you buy online? From a shop? Did you select the items or were they specified by a designer? Did you do the measurements or them? 

I'd be slightly worried that you have side panels that were meant to be fitted that weren't because they didn't fit - this suggests something is off somewhere with the design/measurements - it seems like they were definitely MEANT to be fitted? Or are these just part of sets and the design didn't include them? 

As you say, the T&Cs seem to refer to 'leftover' bits which is fair enough - you can't return them. But if you've got full unopened items which are standalone items that you can buy then something seems off. Either you've been misquoted for things you didn't need, not had items fitted that should have been, or something has not matched up between design/reality. Either way I'd be looking into that a bit more. 

Do you have drawings of the design? Do they match exactly what has been fitted?

Alderbank

Just to clarify, these are not the actual cabinet sides but are separate decorative panels finished to match your choice of doors, sold separately and are probably still in their individual boxes? 

Did you buy the kitchen from Wickes and the fitting separately, which you imply, or did you go to a fitter who arranged everything including the design consultant and installation?

I'm sorry but I don't think you have any consumer rights to return the unused parts. Your rights are the same as if you had bought those parts in the shop and decided afterwards that you did not want them after all.
Sometimes traders will say 'buy what you think you might need and you can return any unused items' to encourage trade. The likes of Screwfix are particularly good at this. However that would be in addition to your statutory rights and Wickes seem to specifically exclude this.

You might have a claim against the designer if you can show that they were negligent or reckless about what materials you needed but it sounds like the design was reasonable but these panels couldn't be fitted for reasons which were not known to the designer.
As a consumer you might be able to claim that when buying all these items as a project it is unfair to expect a consumer to know in advance exactly what would be needed, but I think that would be a long shot. Perhaps others can advise.

Last resort, don't just skip them! Advertise them on eBay, facebook, etc. You might be surprised at the response.

tightauldgit

Alderbank said:

Just to clarify, these are not the actual cabinet sides but are separate decorative panels finished to match your choice of doors, sold separately and are probably still in their individual boxes? 

Did you buy the kitchen from Wickes and the fitting separately, which you imply, or did you go to a fitter who arranged everything including the design consultant and installation?

I'm sorry but I don't think you have any consumer rights to return the unused parts. Your rights are the same as if you had bought those parts in the shop and decided afterwards that you did not want them after all.
Sometimes traders will say 'buy what you think you might need and you can return any unused items' to encourage trade. The likes of Screwfix are particularly good at this. However that would be in addition to your statutory rights and Wickes seem to specifically exclude this.

You might have a claim against the designer if you can show that they were negligent or reckless about what materials you needed but it sounds like the design was reasonable but these panels couldn't be fitted for reasons which were not known to the designer.
As a consumer you might be able to claim that when buying all these items as a project it is unfair to expect a consumer to know in advance exactly what would be needed, but I think that would be a long shot. Perhaps others can advise.

Last resort, don't just skip them! Advertise them on eBay, facebook, etc. You might be surprised at the response.

I'd assumed Wickes had done the design and then supplied the parts - then presumably Wickes outsource fitting to a local 3rd party? Devil really is in the detail on this one I think - it's going to depend on who made the mistake, if indeed there was a mistake. 

sheramber

I think we need to know who designed the kitchen and listed what was needed?

Are the cabinet  sides sold separately from the rest of the carcass?

Was the installer arranged by Wickes or did you hire him?

phatus10

Thanks for all the responses. I'll definitely try selling them online, if I don't first try the small claims route.

The design of the kitchen was carried out by "Bob" at Wickes. He came out to my house to measure up and then provided a quote. The quote contains all of the items I would need, according to his measurements. After a bit of back on forth due to oddities I noticed on the quote, I agreed. The next step was for Wickes to arrange the delivery of goods from their supplier. These goods turned up on the date they quoted.

Wickes also provided me with an installer, let's call him "Tom". Tom turned up and carried out the job to the specifications that had been laid out by Bob. There's a piece of paper with all the measurements. There's 3 areas where the panels weren't used. To clarify, the panels are sold as separate items to the cabinets.

1. I was planned that the fridge/freezer would have a panel on either side. Tom said the f/f will be flush to the wall, so there's no need for the panel on that side. I feel like this in particular is an oversight by Bob. he should have realised this could be the case and talked it over with Tom.

2. On the design there's a gap of 29mm. The panel which should have gone there is 18mm. The panel doesn't fit into the actual kitchen... I don't think this is Bob's fault though, as there's a gap at the other end of the cabinets, which results in the 29mm gap being less then 18mm. I don't know if there is then Tom's fault for not putting the cabinets flush to the wall at that end. Basically, in the finished kitchen there's a small gap at either end of the cabinets now of say 15mm. I don't have a problem with the way it looks. It look fine. I'm just unsure about whether I should be due a refund on this panel.

3. The design for the top cabinets on the other side of the kitchen is similar to above. On this side there actually is enough room to put the panel in. Tom decided not to do this though, as it wouldn't match the other side that doesn't have a panel. I agreed with him on this.

Aylesbury_Duck

Looks pretty straightforward to me: Wickes are responsible for the design, the ordering and the fitting.  The design was flawed which has meant excessive products were ordered.  Why wouldn't you be due a refund for them if returned?

tightauldgit

Aylesbury_Duck said:

Looks pretty straightforward to me: Wickes are responsible for the design, the ordering and the fitting.  The design was flawed which has meant excessive products were ordered.  Why wouldn't you be due a refund for them if returned?

I actually read it differently and was just about to say the polar opposite - seems like the design was right and the purchased items were correct but the fitter and OP on the day have gone slightly off plan and done things slightly differently meaning that the three items were not fitted. So no recourse to Wickes on the design or supply.

It seems like the OP was happy enough for and gave assent to the fitter on the decisions on the day. So no recourse to the fitter either. 

Seems like Wickes may have offered a refund on the items if they were genuinely standalone, unopened and as new but I don't see what the claim would be if it went to small claims court. 

Aylesbury_Duck

tightauldgit said:

Aylesbury_Duck said:

Looks pretty straightforward to me: Wickes are responsible for the design, the ordering and the fitting.  The design was flawed which has meant excessive products were ordered.  Why wouldn't you be due a refund for them if returned?

I actually read it differently and was just about to say the polar opposite - seems like the design was right and the purchased items were correct but the fitter and OP on the day have gone slightly off plan and done things slightly differently meaning that the three items were not fitted. So no recourse to Wickes on the design or supply.

It seems like the OP was happy enough for and gave assent to the fitter on the decisions on the day. So no recourse to the fitter either. 

Seems like Wickes may have offered a refund on the items if they were genuinely standalone, unopened and as new but I don't see what the claim would be if it went to small claims court. 

I've re-read it more carefully, and I think you're right.  Two of the items were in the plan and could have been fitted, but OP and the fitter agreed not to do so.  I'm less sure about the other one though - item 2 in OP's description.  It sounds like between them, the designer and fitter made a mistake somewhere, so that the panel can't be used even if OP wanted it added.  Perhaps OP is therefore due a refund for that item but not the rest?

phatus10

Yes, my argument would be I had no control over how the fitter implemented what the designer laid out in the design specs. At least with regards to the exact placement of the cabinets. As a results item 2 literally can't be used. I guess this is the fitters fault, which in turn is Wickes fault.

Although there is physically enough room for item 3 to be used, I feel it would look out of place, due to item 2 not being used i.e. it wouldn't match.

Item 1 simply wasn't required. I feel this is the item I should be mainly due a refund on.

This is of course my opinion. I realise the courts may have a different view on it. I'm going to try going the small claims route. Worst case I lose £70 in fees. Best case I "win" £600.