Hoping there are some experts available for some advice regarding consumer law. Not sure this is the correct forum.
Thanks
You might be wise to expand on your request somewhat, consumer law is rather broad.
If you explain the issue about which you are seeking support, those who have relevant knowledge may be able to advise.
You might be wise to expand on your request somewhat, consumer law is rather broad.
If you explain the issue about which you are seeking support, those who have relevant knowledge may be able to advise.
Thanks DWMB2. So, i have purchased a bathroom suite from a local online company. The suite was delivered yesterday and i was advised by the delivery company to open the items and inspect for any damage within 48hrs. The suite cannot be installed (after the plumber put the date back) untill the end of November. I think it would be impractical to start opening items now to inspect them only for them to then be left potentially unpackaged untill the end of November. I contacted the company via online chat who have confirmed the 48 hrs inspection. They have also said that any items cannot be refunded or changed if damaged after 30 days.
Just need some clarification on this. I have looked on the CAB website and it states i have the right to a refund or replacement up until 6 months. All very confusing.
The items are very heavy and quite bulky with a lot of packaging. Also trying to repackage securely for a later installation would be very difficult.
I guess im just trying to gain some assurance that i will be covered by law if i open the items after 30 days and find damage. The company are just sticking to what are in their Tc's and Cs'
If it were a manufacturing defect, as opposed to delivery damage, then yes, you're covered after the 30 days. You lose your immediate right to reject after that time, so the retailer would only have the choice of repair, replacement or refund in the first instance.
The consumer rights act 2015 covers this scenario (goods must be fit for purpose, of satisfactory quality, and as described).
If the items however had delivery damage, this might be a condition of the retailers terms and conditions that you check for this. At the very least check the packaging for any dents, dints or holes, and explore further.
Here is the paragraph on their website
Returning Faulty Or Damaged Item
Damaged items can't be returned after 30 days of receipt of goods.
We must be notified of any items that arrive damaged within 48hrs of receipt of goods. Choose one of the methods below
Contact us - We have several ways of getting in touch via our Contact Us page
Damaged Item Form - You can inform us of any damaged items via the Damaged Item Form
You may be required to supply photographs of any damaged items. You can upload these as part of the returns process
Do not begin the returns process until you have informed us of any damaged items
Also this
Once you receive your items, please do not store them away for later inspection, as if any goods received are damaged, faulty or incomplete, you must notify us within 48 hours of delivery via email or telephone, quoting your ORD number for reference. Please open each box and check thoroughly for damages. If we are notified within the given time frame, we will then organise a replacement and collection. In any situations in which customers have adhered to terms and conditions, yet have received goods that are incorrectly supplied or damaged in transit, XXXXXXX will replace goods free of charge. Please note that in some cases, a courier will refuse to collect and we will be unable to organise a collection, for example in the case of broken glass or pottery.
So it seems that their TCS and Cs can gazump Consumer Law?
Oh well might be a late night for me then opening lots of packaging!
As per Sparxy manufacturing fault and your covered despite the inform within 48hr statement.
but if you've got glass or ceramics and there's a crack or scratch you will have a problem.
Contract terms cannot generally overrule statutory rights.
That said, there's potentially a matter of pragmatism vs principle here... If there are issues, it might be better to discover them now and have them rectified ASAP before the plumber turns up, than having a protracted battle with the supplier over your rights and having the work delayed even further.
When I refurbed 2 bathrooms there was a delay. My fitter did it when I was away and told me, after the event, "btw there's a ding in the towel radiator".
He chose (wisely) to continue fitting.
The packaging was undamaged. I did eventually get a 50/50 from the supplier, but it was a lot of faff.
I did have sympathy for their view of "it could have been damaged while it was stored in your garage".
So it seems that their TCS and Cs can gazump Consumer Law?
Oh well might be a late night for me then opening lots of packaging!
They can't, however, I'm not entirely sure that you're in the clear just storing stuff away for 2 months. Their argument will be that the damage was done in storage. The retailer does need to cover any damage incurred during transit to you, however only in transit, not in your garage.
Personally, I'd check for major damage (or cosmetic damage) now. Functional damage (say, the tap doesn't work, or the flush unit) you could more sensibly argue as a manufacturing defect.
yep exactly my thoughts.
not opening them?
3 words shoot self foot
I think it would be impractical to start opening items now to inspect them only for them to then be left potentially unpackaged untill the end of November.
And what does your plumber say?
Agree x 1
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