Advice on supplier refusing to refund or exchange shower tray

smuuudge

Hi everyone, we recently purchased a large stone resin tray from a well known online bathroom retailer, along with a number of other products. As advised we checked everything prior to install, all looked fine. 

Our plumber fitted the tray and has run water prior to tiling being done and it clearly has a pooling issue well away from the waste. This is a sizeable area of water about 25x15cm. There is clearly a defect in the level of the moulding that is retaining water. Impossible to see by eye but most certainly there.

Disappointingly, they have dissolved responsibility saying their ‘tech department’ state there was a sticker on the tray and instructions stating a ‘pooling test’ should be done prior to installation, which is categorically untrue. 

There was no sticker on the tray, I still have the wrapping from it, and the instructions are ambiguous at best and mention nothing about a pooling test. We are so disappointed and find ourselves in a catch 22 of having to fight to get some sort of compensation or replacement AND having a tray refitted that is fit for purpose at more cost.

I wondered what everyone’s advice would be. It’s nonsense to assume a fitter would do a test run, bedding in using a mortar mix, prior to fitting. As its not clearly been stated on receipt , we feel there is some blame game being used by the supplier and manufacturer to avoid replacement/refunds.

I now need to fight for a solution using my consumer rights and anything else we can use. 

All advice welcome.

Thanks in advance.

Grumpy_chap

Ms_Chocaholic said:

Buy again and return the faulty one.

The supplier will be able to tell the difference between a shower tray that has or has not been installed.

smuuudge said:

Hi everyone, we recently purchased a large stone resin tray from a well known online bathroom retailer, along with a number of other products. As advised we checked everything prior to install, all looked fine. 

Our plumber fitted the tray and has run water prior to tiling being done and it clearly has a pooling issue well away from the waste. This is a sizeable area of water about 25x15cm. There is clearly a defect in the level of the moulding that is retaining water. Impossible to see by eye but most certainly there.

Disappointingly, they have dissolved responsibility saying their ‘tech department’ state there was a sticker on the tray and instructions stating a ‘pooling test’ should be done prior to installation, which is categorically untrue. 

There was no sticker on the tray, I still have the wrapping from it, and the instructions are ambiguous at best and mention nothing about a pooling test. We are so disappointed and find ourselves in a catch 22 of having to fight to get some sort of compensation or replacement AND having a tray refitted that is fit for purpose at more cost.

I wondered what everyone’s advice would be. It’s nonsense to assume a fitter would do a test run, bedding in using a mortar mix, prior to fitting. As its not clearly been stated on receipt , we feel there is some blame game being used by the supplier and manufacturer to avoid replacement/refunds.

I now need to fight for a solution using my consumer rights and anything else we can use. 

All advice welcome.

Thanks in advance.

Can the Fitter do anything to mitigate the pooling by adjusting the levelling of the shower tray?

If, as you say, there is a defect in the moulding, this would affect multiple shower trays and not just the one you have.

born_again

smuuudge said:

Hi everyone, we recently purchased a large stone resin tray from a well known online bathroom retailer, along with a number of other products. As advised we checked everything prior to install, all looked fine. 

Our plumber fitted the tray and has run water prior to tiling being done and it clearly has a pooling issue well away from the waste. This is a sizeable area of water about 25x15cm. There is clearly a defect in the level of the moulding that is retaining water. Impossible to see by eye but most certainly there.

Disappointingly, they have dissolved responsibility saying their ‘tech department’ state there was a sticker on the tray and instructions stating a ‘pooling test’ should be done prior to installation, which is categorically untrue. 

There was no sticker on the tray, I still have the wrapping from it, and the instructions are ambiguous at best and mention nothing about a pooling test. We are so disappointed and find ourselves in a catch 22 of having to fight to get some sort of compensation or replacement AND having a tray refitted that is fit for purpose at more cost.

I wondered what everyone’s advice would be. It’s nonsense to assume a fitter would do a test run, bedding in using a mortar mix, prior to fitting. As its not clearly been stated on receipt , we feel there is some blame game being used by the supplier and manufacturer to avoid replacement/refunds.

I now need to fight for a solution using my consumer rights and anything else we can use. 

All advice welcome.

Thanks in advance.

Online or instore?

smuuudge

Fitter has adjusted its angle so more of a rake but doesn’t make any difference.

it was purchased online. 

Grumpy_chap

How long have you had the shower tray since delivery?

As an online purchase, you have 14 days from receipt to return for "any reason or none".  The supplier can make a deduction from the refund for excessive wear and tear (more than you could do if examining the product in store).  The supplier cannot, though, refuse a return on the change of mind within 14 days.

The 14 days can sometimes be extended depending on the detail of the Ts&Cs.

If you are beyond the 14-days, you will need to pursue the return on product faulty basis.  Are you within time for short term right to reject?

How did you pay?

smuuudge

It arrived last Wednesday, fitted on Friday. 

Paid using Card/Apple Pay 

Is there a link to the legalities of the 14 day return window anywhere please?

Okell

smuuudge said:

...Our plumber fitted the tray and has run water prior to tiling being done and it clearly has a pooling issue well away from the waste. This is a sizeable area of water about 25x15cm. There is clearly a defect in the level of the moulding that is retaining water. Impossible to see by eye but most certainly there.

Disappointingly, they have dissolved responsibility saying their ‘tech department’ state there was a sticker on the tray and instructions stating a ‘pooling test’ should be done prior to installation, which is categorically untrue. 

There was no sticker on the tray, I still have the wrapping from it, and the instructions are ambiguous at best and mention nothing about a pooling test...

Thanks in advance.

I would suggest you make it clear to the seller that you want to return it as faulty because it is not of satisfactory quailty under s9(3)(a) of the Consumer Rights Act 2015 - "fitness for all the purposes for which goods of that kind are usually supplied."

You are not just returning it - you are retrurning it because it's faulty under the legislation

If it isn't of satisfactory quality in the first place, the seller can't evade responsibility for that by suggesting you should have tested it before installation.

The seller needs to repair or replace it, and under the above legislation they are responsible for any removal and reinstallation costs.

It's all covered in the Consumer Rights Act 2015

[Edit:  with all respect to @Grumpy_Chap, I wouldn't go down the cancellation route if it's already been installed]

the_lunatic_is_in_my_head

OP if the water is pooling the goods do not conform to the contract in terms of satisfactory quality. Within the first 6 months it is taken the goods do not conform unless the retailer demonstrates otherwise.

If they won't replace it, advise them that you are exercising the final right to reject.

Once you exercise the right to reject the retailer must refund within 14 days of agreeing you are due a refund, this is matter of fact and must be done without undue delay. 

In terms of returning you may either need to return it or they may need to collect it depending upon T&Cs, if you advise which retailer I'll check for you, either way retailer pays the cost. 

Their sticker or lack of has nothing to with the matter, the retailer knows this, they are just fobbing you, complain higher. 

Ignore above advice about 14 days, that applies to change of mind. Shower trays shouldn't pool water.

Regarding the cost of removal and reinstall, this is damages and either needs to be claimed from the retailer or the bathroom fitter, I would post here:

https://community.screwfix.com/forums/plumbers-talk.2008/

to see what people think on that one. Damages is different to rejecting the goods in that burden of proof is upon yourself.

Legislation below for your reference:

https://www.legislation.gov.uk/ukpga/2015/15/section/9

(1)Every contract to supply goods is to be treated as including a term that the quality of the goods is satisfactory.

(3)The quality of goods includes their state and condition; and the following aspects (among others) are in appropriate cases aspects of the quality of goods—

(c)freedom from minor defects;

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

(3)If the goods do not conform to the contract because of a breach of any of the terms described in sections 9, 10, 11, 13 and 14, or if they do not conform to the contract under section 16, the consumer's rights (and the provisions about them and when they are available) are—

(b)the right to repair or replacement (section 23); and

(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.

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

(5)A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—

(c)the consumer has required the trader to repair or replace the goods, but the trader is in breach of the requirement of section 23(2)(a) to do so within a reasonable time and without significant inconvenience to the consumer.

https://www.legislation.gov.uk/ukpga/2015/15/section/20

(7)From the time when the right is exercised—

(a)the trader has a duty to give the consumer a refund, subject to subsection (18), and

(b)the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed.

(15)A refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.

smuuudge

Brilliant advice thanks so much. We bought it from WeLove Bathrooms. I believe the manufacturing supplier is Ultra Finishing. 

the_lunatic_is_in_my_head

Thanks OP, they don’t appear to say much about “faulty” goods, at a brief glance I would say they should collect.

Terms on their site are poor in my opinion, if you aren’t able to get anywhere by communicating with them you may need to send a letter before action.

Templates on Google, best to do this as a last resort and try to resolve it amicably if you can. 

@smuuudge just a thought, was your card on Apple a credit card or debit card? 

smuuudge

Agree about their T&Cs.

Paid using Apply Pay wiht my Debit card