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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11155
Experience:  30 years as a practising solicitor.
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i have bought a kinedo constort shower pod from showers

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i have bought a kinedo constort shower pod from showers to you.com .i find that it is of astonishingly poor construction,flimsy and lightweight throughout,like those plastic egg boxes ,almost.i would not dream of entering it in any circumstances.i am very disappointed and want to return it.i am familiar with the consumer contract regulations of june 2004,but there is a snag,in that the company's terms and conditions,which i will no doubt have approved as part of the purchase process,stipulate that goods which have been installed must not be returned. while i would in normal circumstances stand by anything i have signed,in this case ,i feel that offering such a pathetically flimsy useless,and indeed dangerous product for sale sight unseen is close to fraud. i note many similar items for sale on e bay,in new condition,so perhaps i am not alone in this regard.in your view,in such circumstances,would such a stipulation in the context of conditions of sale negate the provisions of the regulations,or must i accept the loss of my £438.00 ? would a trading standards opinion about safety and fitness for purpose make any difference? in hope,brian XXXXXX.

Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
From your narrative, the company's terms and conditions are not relevant. They can't impose terms and conditions which supersede the sale of goods legislation.
You purchased a product and installed it in good faith. The product is not as described. Indeed, your narrative describes it as dangerous.that being the case, the product is not of "satisfactory quality" as defined in the Sale of Goods Act 1979. The Act also says that goods sold for a particular purpose are deemed to be suitable for that purpose.You are entitled to reject it and claim your money back.
You have to reject the goods within a reasonable time. As it was immediately apparent that the goods were not suitable, you should be rejecting them immediately if you have not already done so.
I hope this helps.
Please leave a positive response so that I am credited for my time.
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Customer: replied 2 years ago.

very much obliged.what a world it would be if we could just sign our rights away,in the way they propose!i will certainly do as you suggest. you may be sure that i will leave the best possible feedback for you. thank you. brian XXXXXX.

Expert:  JGM replied 2 years ago.
You're welcome.

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