Can a retailers Purchasing T&C's supersede UK Consumer Law?

CurlyT

Hello all,

Just a quick summary of the situation.

We purchased 2 toilets from a well known DIY chain on 4th September on our Mastercard.  We were advised when purchasing that this would be a sub-supply from one of their trading partners and would be delivered to us directly.

They duly arrived.  We had arranged for a plumber to fit them for us on 7th October, but ended up being 10th October.

When we opened one of the toilets had a extremely fine hairline crack down the front of it.  We contacted the DIY chains online customer services to advise and arrange for a replacement.

We were then told because we reported it outside of the first 30 days, it was unlikely they could help, because their sub-supplier's terms to them was problems reported within 14 days.

We advised them that we were invoking our consumer rights of the goods being unfit due to damage within 30 days and six months of purchase and offering them their chance to replace or repair.

They have since come back saying because their sub-supplier has rejected our return as it was outside their 14 day terms, they can't help either.

* Am I right in thinking that as the DIY chain took our credit card money and processed our contract is with them not their sub-supplier?  As such their website clearly states the 30 day to 6 month ruling  
* Whilst we knew it was not coming directly from the DIY outlet, we were not made aware of any differing T&C's

Only option I have is to go through my credit card company and try and force a refund?

I thought I was being reasonable, I am not pushing for a refund because I know I'm outside of the 30 day return, but they seem to be so adamant that it is making me doubt my understanding of this law?  We spent over £500 with this company and we are only asking for a refund on one of the items that were damaged.

Am I out of luck or do I have a case?

Alderbank

CurlyT said:

I thought I was being reasonable, I am not pushing for a refund because I know I'm outside of the 30 day return, but they seem to be so adamant that it is making me doubt my understanding of this law?  We spent over £500 with this company and we are only asking for a refund on one of the items that were damaged.

It's not clear to me, are you asking for a refund or not? You say you are asking for one but not pushing for one.

I assume you went into a store to order these toilets?
Since one of the items is faulty and can't be repaired, you are entitled to a replacement for that item. If they can't or don't want to replace, they must refund. Their 'sub-issues' with their B2B contract with their supplier are irrelevant.

CurlyT

Sorry, no we aren't pushing for a refund, I meant to put replacement. Bought them online.

However your answer seems to back up out understanding that they have to do something?

Bradden

I think the difficulty will be convincing the supplier that the  the damage was not done post delivery.

CurlyT

We did consider this but we understood from the specific section that it was on the supplier to prove the goods were fault and damage free within the first 6 months, after that the onus falls to the consumer?

We are being somewhat guided by the CA and Which websites.  Below was what we read concerning this:

https://www.which.co.uk/consumer-rights/advice/how-to-complain-if-you-receive-damaged-goods-in-the-post-ab7zM8I20EAO

Penguin_

Did you have to sign for the delivery?

Ergates

Bradden said:

I think the difficulty will be convincing the supplier that the  the damage was not done post delivery.

That's the shop's problem, not the OP.  If a fault is reported in the first 6 months then it is on the retailer to demonstrate that it is *not* an inherent fault.

Ergates

CurlyT said:

Hello all,

Just a quick summary of the situation.

We purchased 2 toilets from a well known DIY chain on 4th September on our Mastercard.  We were advised when purchasing that this would be a sub-supply from one of their trading partners and would be delivered to us directly.

They duly arrived.  We had arranged for a plumber to fit them for us on 7th October, but ended up being 10th October.

When we opened one of the toilets had a extremely fine hairline crack down the front of it.  We contacted the DIY chains online customer services to advise and arrange for a replacement.

We were then told because we reported it outside of the first 30 days, it was unlikely they could help, because their sub-supplier's terms to them was problems reported within 14 days.

We advised them that we were invoking our consumer rights of the goods being unfit due to damage within 30 days and six months of purchase and offering them their chance to replace or repair.

They have since come back saying because their sub-supplier has rejected our return as it was outside their 14 day terms, they can't help either.

* Am I right in thinking that as the DIY chain took our credit card money and processed our contract is with them not their sub-supplier?  As such their website clearly states the 30 day to 6 month ruling  
* Whilst we knew it was not coming directly from the DIY outlet, we were not made aware of any differing T&C's

Only option I have is to go through my credit card company and try and force a refund?

I thought I was being reasonable, I am not pushing for a refund because I know I'm outside of the 30 day return, but they seem to be so adamant that it is making me doubt my understanding of this law?  We spent over £500 with this company and we are only asking for a refund on one of the items that were damaged.

Am I out of luck or do I have a case?

The short answer to your title question is:  No.  Everything you have stated is correct.  Yes you do have a case.

It sounds like the sub-supplier have a B2B contract with the shop, and as such can apply whatever contract terms they like.   However, this is the shop's problem not yours. 
*You* have a contract with the shop (and you are a consumer), not with the supplier, so the suppliers T&Cs don't apply to you (and wouldn't be legal anyway). 

The shop just has to lump it and take the loss.  They can either supply you the goods you paid for, or refund you.  (In theory they can also repair, but that can't really be done to porcelain) 

You can try, once more, to clarify what your rights are with them - you might be lucky and get hold of someone who actually knows how to do their job properly.  

CurlyT

Thank you all for taking time to respond!  We'll get back to them.

DullGreyGuy

Your statutory rights are the minimum standards you are entitled to, with some types of statutory rights certain parties can agree to wave them but for things like consumer rights you cannot wave them just choose not to enforce them.

T&Cs can supersede your statutory rights but only by exceeding them; eg CRA gives you 30 days to reject goods but a niche electronics store I use gives you 90 days for any returns

Okell

CurlyT said:

Thank you all for taking time to respond!  We'll get back to them.

You haven't named the well known DIY chain.

Is this one of those cases where the trader purports only to do business with trade customers and not with consumers?

It might be that the trader is not aware that you are not a trade customer and that therefore they are not aware that the 2015 Consumer Rights Act applies.

Assuming you are a bona fide consumer customer then it shouldn't make any difference to your rights, but you might need to spell it out to the DIY chain that you aren't a trade customer.

Otherwise - assuming you are a consumer - then you are basically right and the trader is wrong.

s19(14) of the Consumer Rights Act 2015 (legislation.gov.uk) says that where goods demonstrate a "fault" within 6 months of purchse, then that fault is deemed to have been present at purchase, unless the seller can prove otherwise.

You are entitled to a replacement or a repair.  The seller can basically choose which of these to give you.  If the repair or replacement is also faulty, you can claim a refund, but only after a failed repair or replacement.