Damaged worktop

remyroo

Hi

We ordered two lengths of worktop from an online store which were cut into 4 pieces and customised. When it arrived the edges hadn’t been finished properly and there were a couple of chips. They replaced all 4 pieces but again 2 are damaged. They are now refusing to offer a full refund. They have calculated the cost of a refund minus the price of the lengths of worktop not damaged. This is totally ridiculous and unacceptable. We are unable to buy the same worktops from anywhere else so will be unable to match them.

Where do we stand legally? We paid by credit card.

Thanks

Alderbank

Where do you stand legally?

They have attempted to repair or replace but the goods still don't conform to contract and they seem to have accepted that.

So under s5 of the Consumer Rights Act 2015 you have the right to reject the entire contract and you are entitled to a full refund since you have had the goods for less than 6 months and have enjoyed no use of them because they haven't been installed.

It's not enough for them to say the nonconformance is not quite as bad as it was, the goods still don't conform to contract.

S5 does allow you if you had wished to negotiate with them to buy those parts which they have managed to fix if they offer a suitable discount, but you don't have to agree to that.

remyroo

Thank you Alderbank.
I’ll update when I’ve heard back from them

remyroo

Hi Alderbank

This is the reply I’ve received.

“While we are fully aware of the Consumer Rights Act 2015, our position is based on the fact that the order consists of separate, distinct items, and you have previously confirmed that the upstands and other components are entirely unaffected and fit for purpose.

Because those specific items conform fully to the contract and are free from faults, we are treating this as a partial rejection of the affected items only. We remain entirely prepared to issue a full refund for those items and collect the two specific worktops that you have reported as damaged.”

How can they class the pieces of worktops that were cut from the original 3m lengths as separate distinct items and why would we want the matching upstands.

Not sure what our next course of action is.

Any advice would be appreciated

Thanks

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/82044759#Comment_82044759

The choice about whether to reject all or some is yours, not theirs! Refer them to CRA s21, and the clearer explanatory notes:

If the consumer has the right to reject the goods because some or all of them do not conform to the contract then the consumer can reject some or all of them. If the consumer rejects only some of the goods they cannot reject any of the goods which do conform to the contract. That is, the consumer can:

reject all of the goods (conforming and non-conforming);

reject all of the non-conforming goods (but none of the conforming goods); or

reject some of the non-conforming goods (and keep some of the non-conforming goods and all of the conforming goods).

https://www.legislation.gov.uk/ukpga/2015/15/notes/division/3/1/3/4/3

https://www.legislation.gov.uk/ukpga/2015/15/section/21

remyroo

Thank you for the above eskbanker. The company are still refusing to issue a full refund so we have started a chargeback claim.