Refused refund for shower tray and faulty 'unfit for purpose' vanity unit.
Comments
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I'm quite patient, but I got a quarter of the way through your post then got bored0
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Giant_Hogweed wrote: »As I cant see through floorboards how else was I to know the joist was in the way? I didn't say the tray was faulty, just turned out to be unsuitable.
That is not the retailers problem. As you have been told there is no right to a refund for a product bought instore that isn't faulty.0 -
Giant_Hogweed wrote: »As I cant see through floorboards how else was I to know the joist was in the way? I didn't say the tray was faulty, just turned out to be unsuitable.
As for the vanity unit, it wasn't split when fitted but despite having a five year guarantee it did split just four months after fitting, so IMHO proving not to be fit for purpose.
The tray may be unsuitable but you have no rights to return it.
I didn't read your whole post and said as much but tried to get the gist. Whether you said it was faulty or not is immaterial, it is not refundable.
As for the vanity unit - you can either claim on the warranty (which is generally with the manufacturer and not the retailer) or on your consumer rights.
As I said in my first post, when did you wife realise the vanity was faulty? Was it 6 months after purchase or more? The fact you noticed it broken 4 months after fitting is nothing to do with anything. The timings are from when you purchased, regardless of your personal circumstances and why it wasn't fitted immediately.
It has been pointed out elsewhere in replies (pink shoes) what to do if you want to pursue your consumer rights. Consumer rights and warranty are not the same.0 -
I agree with everyone else on the shower tray, you have no case. It's not the tray that was unsuitable but your house/the joists that were unsuitable.
I'm not 100% on the vanity unit though as I think there is more to it than you are letting on. I had a new bathroom fitted in April and every sub £1000 until I looked at were clearly described as not able to cope with being excessively wet, even the bath panels I bought to match the vanity unit has instructions to wipe down any drips immediately because sitting water will cause it to warp, delaminate, or split. Six months after fitting with us being careful to not leave excessive water on them and the bath panels and two storage units are in pristine condition.
We did however have a small leak from our new basin tap and in just a couple of days of the water getting onto the vanity unit itself it has caused it to warp. This is not a fault as the unit is not designed to have that level of water on it and if anything my claim would be against the tap supplier because had their part not been faulty the unit would not have got damaged. We also do get little splashes on the units as part of days to day life using the bathroom but by wiping up any splashes straight away it has stopped any further damage.
With yours if the panel has only split in areas that are splashed when your grandchildren are brushing their teeth then it probably is excessive moisture causing it and if the unit come with warnings and cleaning instructions (mine say never spray anything directly on them but to wipe with a damp cloth then dry with a dry cloth). I understand that anything designed to be used in a bathroom should be able to withstand a certain level of moisture but it is also an item made of wood so excessive moisture will always cause a problem and to get a better level of protection means paying a higher price or buying a unit made of a different material.
An independent report should tell you either way whether the unit has failed prematurely or whether it hasn't been cared for correctly.0 -
It might help the OP to have it explained why the consensus opinion here is that you have no claim for the shower tray.
For products bought wholly online, you have a period of 14 days from delivery to "change your mind", and return the product for a full refund. You are not allowed to use the product more than you might be reasonably able to do in a bricks and mortar store - i.e. you must return it "as new".
Where you have not bought an item wholly online, you have no consumer right to return it for a change of mind - which is what you are wishing today with your shower tray. You are reliant on any goodwill from the retailer - and across the building trade parts are often ordered to customer request - i.e. no local stock is held. This means the retailer has to abide by the terms and conditions of their supplier, which will often mean either no refund or a restocking fee (plus the cost of the return shipping) - so for something like a shower tray I fully appreciate why they wouldn't take it back.
The onus lies on yourself as the consumer to ensure that a product is suitable for use. Here we have a shower tray that would be fit for purpose when installed appropriately. You didn't want to install it on leg raisers (which is absolutely fine as a cosmetic decision), but you have to therefore accept that you are changing your mind about wanting to keep the tray.
Even if the tray were to be faulty, due to the length of time that has passed since purchase, as others have noted the responsibility would be upon you to prove a fault was inherent through independent testing. If you were able to prove that, that doesn't mean you get your money back - it means the retailer can choose whether to refund your money - either in full or reduced to reflect the time and/or use you have had from the product, or to repair.
For the vanity unit, exercise your consumer rights as above (with the retailer), but do so in a concise non-emotional (no CAPS) manner.0 -
Perhaps pay someone who knows what they are doing to do the whole job.!Giant_Hogweed wrote: »As I cant see through floorboards how else was I to know the joist was in the way? I didn't say the tray was faulty, just turned out to be unsuitable.
Aj
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Of course the trader does not want to lose his profit on the sale of the tray - why on earth should he?
How are the floorboards attached to the joists ?0 -
What a bonkers thread.
Why do you think the retailer is on the hook for an exchange or refund because of an issue with unsuitability?
They’re not, that’s entirely your problem. It’s not their fault you don’t know what’s under your floorboards.
The faulty unit isn’t quite as clear cut - but I imagine you’ve got their back up by stamping your feet and shouting I KNOW THE LAW when you apparently know very little of it.0 -
This may be of some use if you replace the tray http://www.detectorsaurus.co.uk/joist-detectors/0
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No it's not their fault, but is it mine? I'm not a builder nor do I have x ray eyes it's unsuitability was discovered by the fitting team.mattyprice4004 wrote: »What a bonkers thread.
Why do you think the retailer is on the hook for an exchange or refund because of an issue with unsuitability?
They’re not, that’s entirely your problem. It’s not their fault you don’t know what’s under your floorboards.
The faulty unit isn’t quite as clear cut - but I imagine you’ve got their back up by stamping your feet and shouting I KNOW THE LAW when you apparently know very little of it.
Irrelevant now as I sold it.
As for the second bit in red, I did nothing of the sort as you are correct on one count, I know nothing of the Law so I got some consumer rights advice.
I got some fantastic help and advice on another section of this MSE site, the majority (but not all) on this section just seem to skit, can't see the point in bothering if you're not going to offer any information or advice.
Don't think I'll bother again.0
This discussion has been closed.
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