Am I entitled to an exchange?

smalline

Hello, I bought a stone resin bathroom basin from an online company. As I am having building work done, I stupidly left it in the packaging to avoid damage. I just opened it 35 days after delivery, and it is chipped. I have asked the company if I can have a replacement, but they have said no as it falls outside of the 30 days.

I placed the order on Dec 10 and received the delivery the next day. Is there anything I can do about it, please? It isn't a huge amount of money—we paid £160, but it's now in the sale for £100. I thought there might be some leeway because of Christmas/bank holidays, etc. 

Many thanks

Hoenir

Always inspect items upon receipt. 

the_lunatic_is_in_my_head

Order one for £100 send back the £160 for a refund. 

Technically you are only entitled to a repair (unlikely) or replacement, but if they are refusing then you can reject for a full refund.

30 policy doesn't override rights, burden of proof is on them. 

Which company did you buy from OP? 

smalline

Thanks @the_lunatic_is_in_my_head

I hadn't thought of that, but now I have raised it with them, won't it be obvious if I send back the chipped one?

the_lunatic_is_in_my_head

smalline said:

Thanks @the_lunatic_is_in_my_head

I hadn't thought of that, but now I have raised it with them, won't it be obvious if I send back the chipped one?

Sorry I didn't mean to swap the orders like that, rather get a refund on the £160 first and then buy the £100 or buy the £100 first and then get a refund on the £160 but do the return against the correct order  

smalline

the_lunatic_is_in_my_head said:

smalline said:

Thanks @the_lunatic_is_in_my_head

I hadn't thought of that, but now I have raised it with them, won't it be obvious if I send back the chipped one?

Sorry I didn't mean to swap the orders like that, rather get a refund on the £160 first and then buy the £100 or buy the £100 first and then get a refund on the £160 but do the return against the correct order  

I would love to but they won't refund or exchange. Do I have grounds to challenge this?

the_lunatic_is_in_my_head

smalline said:Do I have grounds to challenge this?

Of course as above right to repair/replacement, if not full refund. Their policy is incorrect

Who did you buy with OP, big company or independent? 

smalline

Plumbing Superstore. I assume they're a fairly big outfit

the_lunatic_is_in_my_head

Yes they are pretty big, the trick is to get past customer services and push the complaint as high as you can, the below outlines your position (please check for typos ):

Dear Plumbing Superstore

I am writing regarding order number xxx which as noted in previous communication was damaged upon receipt, I was advised that as the order was delivered over 30 days ago nothing could be done.

I am requesting that the unit be replaced as per Section 23 of the Consumer Rights Act:

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

If this request is refused I shall exercise the final right to reject for a full refund as per Section 24:

https://www.legislation.gov.uk/ukpga/2015/15/section/24

As per Section 19, paragraph (14)

https://www.legislation.gov.uk/ukpga/2015/15/section/19

(14)For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.

To note your policy is not permitted to be in contravention of the Consumer Rights Act and as per Section 31 the above Sections are liability that can not be excluded:

https://www.legislation.gov.uk/ukpga/2015/15/section/31

I look forward to resolving this matter in a prompt and amicable manner.
 
Thank you in advance for your time and I look forward to hearing further.

Sincerely
smalline

Penguin_

So if I buy something & I damage it accidentally, as long as its within the first 6 months the onus is on the business to show it was ok when I got it?

DullGreyGuy

Penguin_ said:

So if I buy something & I damage it accidentally, as long as its within the first 6 months the onus is on the business to show it was ok when I got it?

In principle but you have to remember that this is civil law so the threshold is only more likely than not (ie 51%)

So you drop your 5 month old iPhone and try to claim it arrived damaged, firstly they can see its been in use, secondly they'd ask for the box etc. You may say you threw the box away 4 months ago but then you should have spotted the damage sooner etc etc. It's not like a criminal court where it has to be beyond reasonable doubt but they just need to pick enough holes in your story to make theirs sound more credible.