Amazon return when tradesman fee occur

Gman68

We bought a Black overhead shower with wand, whih was fitted as part of our refurbishment. Six months later the black paint/covering has come off where the wand is held, as it is grating where the grip holds the wand. This produt comes with lights (red - hot blue - cold), but this is no longer workingas it should. Amazon are happy to replace the unitfor a full refund, but to do this our builder would have to take the false wall down to access all of the parts and when amazon release the return money, he will need to instal the shower unit again. I have asked Amazon to pay for the charges as their product is faulty, but they say they can only release funds when they have received the damaged shower unit and will not pay any additional charges to rectify the problem.
Does anyone know if this falls under my consumer rights, forcing them to pay any additional fees??
Hopefully this all makes sense
Gman

born_again

So to be clear here. 
Was this a purchase from Amazon or a Marketplace seller?

ButterCheese

A similar thread was posted about this some time ago (about a light fitting) and someone looked it up - basically they aren't legally obliged to pay for anything other than the part itself.  It's not their problem if you can't fit it yourself for free, basically

Okell

ButterCheese said:

A similar thread was posted about this some time ago (about a light fitting) and someone looked it up - basically they aren't legally obliged to pay for anything other than the part itself.  It's not their problem if you can't fit it yourself for free, basically

Are you sure of that?

I thought that in the case of faulty fixtures then removal and re-installation costs were recoverable.  It's not the consumer's fault that they have to incur extra expense in the case of faulty goods - it's the trader's fault

Alderbank

Are the faulty bits, the handheld wand and the lights, on the free end of the flexible shower hose?

If so, offer to unscrew the hose and return it with the attached faulty parts. It should be a very simple DIY job to unscrew.

Yes, if you make a claim under your consumer rights, the trader must bear any necessary costs incurred in doing so including in particular the cost of any labour, materials or postage. Consumer Rights Act Section 23(b).

Note that a warranty claim, which is what you seem to be making, is nothing to do with your statutory rights and is usually limited to a like-for-like replacement of the faulty parts.

You can make a consumer rights claim at any time regardless of the warranty but if your claim is more than 6 months after you received the shower you might be asked to prove the faults are not due to user mis-use. Black painted bathroom accessories, although fashionable, are less robust than chrome ones and are easily surface damaged by some bathroom cleaners such as Viakal.

Undervalued

Gman68 said:

We bought a Black overhead shower with wand, whih was fitted as part of our refurbishment. Six months later the black paint/covering has come off where the wand is held, as it is grating where the grip holds the wand. This produt comes with lights (red - hot blue - cold), but this is no longer workingas it should. Amazon are happy to replace the unitfor a full refund, but to do this our builder would have to take the false wall down to access all of the parts and when amazon release the return money, he will need to instal the shower unit again. I have asked Amazon to pay for the charges as their product is faulty, but they say they can only release funds when they have received the damaged shower unit and will not pay any additional charges to rectify the problem.
Does anyone know if this falls under my consumer rights, forcing them to pay any additional fees??
Hopefully this all makes sense
Gman

Where would all this stop?

Suppose you had bought a £50 item but built it in in such a way it needs a thousand pounds worth of building work to get it out and replace it, would your really expect the retailer that sold you the £50 item to be liable for the whole lot?

TELLIT01

'Six months ago' is a little vague.  My understanding is that if the item is less than 6 months old it is up to the vendor to prove it isn't an inherent fault.  Over 6 months they can demand an independent report, at the purchaser's expense, to prove it was faulty.  On that basis the actual date of purchase and date of reporting the fault are important.

Alderbank

Undervalued said:

Gman68 said:

We bought a Black overhead shower with wand, whih was fitted as part of our refurbishment. Six months later the black paint/covering has come off where the wand is held, as it is grating where the grip holds the wand. This produt comes with lights (red - hot blue - cold), but this is no longer workingas it should. Amazon are happy to replace the unitfor a full refund, but to do this our builder would have to take the false wall down to access all of the parts and when amazon release the return money, he will need to instal the shower unit again. I have asked Amazon to pay for the charges as their product is faulty, but they say they can only release funds when they have received the damaged shower unit and will not pay any additional charges to rectify the problem.
Does anyone know if this falls under my consumer rights, forcing them to pay any additional fees??
Hopefully this all makes sense
Gman

Where would all this stop?

Suppose you had bought a £50 item but built it in in such a way it needs a thousand pounds worth of building work to get it out and replace it, would your really expect the retailer that sold you the £50 item to be liable for the whole lot?

Good question.
I suppose it would stop if Parliament decides to repeal s23 of the CRA.

Some remedies in CRA, but not all, are limited by 'disproportionate'. I can't be bothered to search the Act for specific circumstances but Google AI told me
Are remedies in CRA 2015 limited in cost?
No, remedies under the Consumer Rights Act 2015 are not limited by cost

You have to state the quantum of your costs when stating a claim, and that is one factor which determines which track your case will be heard under.
If your S23 claim is substantially more than £10,000 it will be heard at a higher court than small claims, so that might be a factor when considering a claim to rip out and replace the black shower in your luxury yacht moored in Dubai.

Gman68

I bought the shower 5th march. The unit motor and pipework sit behind a false wall which is standard for these showers, so a reasonable cost would be expected for the shower to be replaced, as Amazon want all parts of the item including the motor that sits in the wall. I offered for them to send me the plate and other parts that fit flush on the wall and to have just these parts replaced, which would be the best way forward and would not incurr much cost. They say this is not possible for them to do, all or nothing and for me to bear the cost of replacing the wall the shower sits on and the tiles that would need replacing.
This was bought from Amazon and i did offer to swap out only the faulty parts to no avail

Okell

Undervalued said:

Gman68 said:

We bought a Black overhead shower with wand, whih was fitted as part of our refurbishment. Six months later the black paint/covering has come off where the wand is held, as it is grating where the grip holds the wand. This produt comes with lights (red - hot blue - cold), but this is no longer workingas it should. Amazon are happy to replace the unitfor a full refund, but to do this our builder would have to take the false wall down to access all of the parts and when amazon release the return money, he will need to instal the shower unit again. I have asked Amazon to pay for the charges as their product is faulty, but they say they can only release funds when they have received the damaged shower unit and will not pay any additional charges to rectify the problem.
Does anyone know if this falls under my consumer rights, forcing them to pay any additional fees??
Hopefully this all makes sense
Gman

Where would all this stop?

Suppose you had bought a £50 item but built it in in such a way it needs a thousand pounds worth of building work to get it out and replace it, would your really expect the retailer that sold you the £50 item to be liable for the whole lot?

Ask your MP to put an end to it?

"23  Right to repair or replacement

(1)This section applies if the consumer has the right to repair or replacement (see section 19(3) and (4)).

... (2) If the consumer requires the trader to repair or replace the goods, the trader must—

(a) do so within a reasonable time and without significant inconvenience to the consumer, and

(b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage)."

I agree with you - it's daft - but that is exactly what the legislation says...

Blame the EU for the intention behind the directive and the legislation

This is what the explanatory note says and is quite clear:

"This section details a consumer’s right to insist on repair or replacement of faulty goods, the cost of which must be borne by the trader. This includes the trader bearing any costs involved in the removal of an installed item and reinstallation of a replacement..."

Okell

Alderbank said:

... Yes, if you make a claim under your consumer rights, the trader must bear any necessary costs incurred in doing so including in particular the cost of any labour, materials or postage. Consumer Rights Act Section 23(b)...

Yes.  I should have made it clear in my post at 2:04pm that I was referring to rights under the Consumer rights Act and not under any warranty.

Thanks