Faulty bath

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/82184379#Comment_82184379

Yes, it's important that OP (or rather their son) is both aware of their rights and persistent enough to enforce them, which may involve other parties such as card providers or courts!

Piggyfeet

https://forums.moneysavingexpert.com/discussion/comment/82184373#Comment_82184373

He is a wedding photographer. He didn't get it through a trade, it was bought from from the seller online, not through any kind of trade account. He just wouldn't do it. I really appreciate all your help.

Piggyfeet

Just had a reply

Good Afternoon,

Thank you for your email, and please accept our sincere apologies for the inconvenience caused.

We understand how frustrating this must be, particularly with your bathroom fitters already working on the installation.

As we are the retailer and use a third-party courier for deliveries, we ask customers to inspect their items upon delivery and report any damage as soon as possible.

Unfortunately, as the damage was not reported within the required timeframe, we are unable to raise a claim with the courier or manufacturer, which limits the options available for a free replacement.

However, before reviewing this further, could you please provide a few clear zoomed in/out photographs showing the cracks in the bath, the overall condition of the item, and its packaging? This will help us assess the situation and determine the best possible way forward.

To compensate for the inconvenience, and purely as a goodwill gesture, we would be happy to offer you a discounted quotation with free delivery for purchasing a replacement item, so you can avoid further delays to your project.

Thank you for your patience and cooperation. I look forward to receiving the photographs so we can review this further.

Kind regards,

Reply

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eskbanker

As we are the retailer and use a third-party courier for deliveries, we ask customers to inspect their items upon delivery and report any damage as soon as possible.

Unfortunately, as the damage was not reported within the required timeframe, we are unable to raise a claim with the courier or manufacturer, which limits the options available for a free replacement.

While perhaps understandable from their perspective, none of that dilutes your statutory rights, one of which is indeed a replacement, which shouldn't be labelled as 'free' as if that's some sort of generous concession!

MeteredOut

https://forums.moneysavingexpert.com/discussion/comment/82185697#Comment_82185697

I just (literally) LOL'd at their audacity! Do they actually believe that'd be doing you a favour?

Piggyfeet

It certainly sounds like it we have drafted a reply to include the consumer rates at and I will update you accordingly on that reply

redped

From their terms (link):

"Faulty, damaged or incorrect goods

The charges and restrictions above apply to unwanted (change-of-mind) returns, post-dispatch changes and failed deliveries only. If your goods are faulty, damaged, incorrect or not as described, contact us and we will arrange the right resolution at no charge. Your statutory rights are not affected."

It sounds like they don't know what your statutory rights are!

Piggyfeet

just received a reply from bathroom mountain

Can anyone give me a heads up? How to respond? I quoted my statutory rights in my previous email to them and this is what they have replied.

Good morning,

Thank you for your detailed email.

We sincerely apologise for the inconvenience and frustration this situation has caused. We completely understand your concerns, particularly as your bathroom installation is already underway.

However, we would like to clarity that the timeframes we have referred to relate to reporting damage upon delivery, rather than a fault developing during normal use. Damage to an item should be reported as soon as reasonably possible after delivery so that we can investigate the matter and raise the necessary claim with the relevant parties.

Having reviewed the circumstances and the time elapsed since delivery, we are unfortunately unable to offer a free replacement or arrange collection of the damaged bath.

We appreciate that this is not the outcome you were hoping for, and we understand your disappointment.

However, the resolution we are currently able to offer is a discounted quotation towards the purchase of a replacement bath as a gesture of goodwill.

We sincerely apologise that we are unable to offer a more favourable resolution and appreciate your understanding.

MeteredOut

Time for letter before action then small claims I suspect.

Piggyfeet

How do I write this legally? Looks like a copy and paste of their previous email