Am I entitled to a replacement?
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On their website it says
Please ensure you report any damages to our Customer Services Department within 7 days of delivery.
I would hazard a guess it says something similar on the delivery receipt that you signed.
https://www.betterbathrooms.com/deliveryDwy galon, un dyhead,
Dwy dafod ond un iaith,
Dwy raff yn cydio’n ddolen,
Dau enaid ond un taith.0 -
Actually, from my reading of the law, that's precisely what it does:
Oh well, everybody else must be wrong then. So do you seriously think if you open a parcel 5 months and 30 days after receipt and it is broken that it is reasonable to argue it was like that when you received it?0 -
So why did they put "six months" in the Consumer Rights Act then? Did they just put it in for no reason or is there some other scenario where the 6 months would apply?Oh well, everybody else must be wrong then. So do you seriously think if you open a parcel 5 months and 30 days after receipt and it is broken that it is reasonable to argue it was like that when you received it?0 -
Even if it did, the Consumer Rights Act says that any terms of a contract that reduce the retailer's liability are null and void, so how is this relevant?On their website it says
Please ensure you report any damages to our Customer Services Department within 7 days of delivery.
I would hazard a guess it says something similar on the delivery receipt that you signed.0 -
You are reading that bit of legislation in isolation. The law expects you to inspect goods delivered within a 'reasonable' period. Reasonable is not defined but the 7 days your supplier states would likely be deemed reasonable by a court. If you want to argue a month is reasonable then good luck to you.
I'm out as well0 -
6 months came from the Sale of Goods Act, whereupon the burden of responsibility switches from seller to consumer after 6 months. (It's the same basic meaning in the CRA).
You do have a case. However this is how it will go:
1) Consumer reports issue after a few months
2) Seller reviews the claim, finds the POD that the consumer has signed and says "It was OK on delivery therefore you must have damaged it". (Assuming the damage is by impact and not the sort of fault that could have developed)
3) Consumer now has to prove the fault was there from the outset.
Realistically you'll need to go the court route. Sending them a Letter Before Action first is probably the best step to take now ... this may spur them into providing a suitable resolution rather than risk court. If still no joy then you could raise an MCOL claim ... again they may decide discretion is the better part of valour and settle the claim rather than risk the costs of defending.0 -
So why did they put "six months" in the Consumer Rights Act then? Did they just put it in for no reason or is there some other scenario where the 6 months would apply?
Could anyone advise how it is "established that the goods did conform to the contract on that day"?
Theyll have evidence that they sent it out in an unbroken state (quality control). Beyond that the only evidence youve got is its broken when you decided to open it. There is a large scope for liability in that time.
Its all well and good you saying you (or the fitter or the postie or your OH or a space man) havent dropped it but i highly doubt you can prove that? If you can prove that they sent you a faulty product youre on to a winner. Opening the box 6 weeks after receiving is not conclusive evidence that they sent it faulty.
Your best bet would be to initiate a complaint explaining your disappointment and appeal to their compassionate side. Dont start going on about rights and what they have to do, look at a route to mitigate your losses (ie a half price replacement) If your a valuable customer your complaint should carry more weight. Im fairly confident you will be reliant on their goodwill as opposed to your statutory rights.
Im more than happy to believe you did receive it faulty and its is their fault (probably the couriers if were honest) but you have to be able to prove it. Can you do that?0 -
Nope. But as you said they can't prove that it wasn't damaged in delivery either so why should the onus fall on me to prove I didn't damage it?Im more than happy to believe you did receive it faulty and its is their fault (probably the couriers if were honest) but you have to be able to prove it. Can you do that?0 -
Nope. But as you said they can't prove that it wasn't damaged in delivery either so why should the onus fall on me to prove I didn't damage it?
Because they will have a document saying something along the lines of 'I the buyer (or person receipting these goods) confirm they are in satisfactory quality'.Dwy galon, un dyhead,
Dwy dafod ond un iaith,
Dwy raff yn cydio’n ddolen,
Dau enaid ond un taith.0
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