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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 51224
Experience:  Qualified Solicitor
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Took delivery of a large order to re-fit 5 bathrooms and

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Took delivery of a large order to re-fit 5 bathrooms and little or no space to try and unpack and check everything. The retailer Better Bathrooms' get you to sign their Customer Charter which amongst other things give you 7 days to report damages. I have reported the damaged unit after approx. 4 weeks together with pictures. No damage to packaging. Their Charter also states 'Nothing in these conditions will reduce your statutory rights relating to faulty or mis-described goods'. They do not class damaged goods as faulty and therefore will not deem our problem to be within the 6 month allowable under the Consumer Rights Act. Is this correct?

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

When was the purchase made?

Also, did you buy them online or in person?

Customer: replied 3 months ago.
The purchase was made in person in the Cardiff store 19.03.18 and delivery made 08.04.18
Customer: replied 3 months ago.
Let's stick to on line for the moment please
Customer: replied 3 months ago.
I mean, on-line with yourself in your trying to answer my question.....

OK thank you for your response. Leave it with me for now and I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Many thanks for your patience. Whether goods you purchased are not as described, not of satisfactory quality or not fit for purpose will not necessarily be dependent on whether any issues were caused on delivery or before they went out for delivery.

In the end, your contract is with the seller and you have the right to expect that they will be delivered in good condition. If they are not, regardless of when the damage occurred (as long as it is before you accepted the delivery), your rights would not change.

They may have their own terms and conditions, requiring you to inform them of any damage within 7 days, but whether it is 7 days or 7 weeks later, the key is whether you were supplied with damaged goods or not. Even if the damage occurred in transit, you still have your rights against the seller and they in turn will have their own rights against the courier.

You can therefore still ask for a replacement if you are outside of the initial 30 days to reject the goods.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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Customer: replied 3 months ago.
Thanks for your assistance Ben. I'll taker it up with Better Bathrooms but have a feeling they'll still reject the claim and I'll have to go to Trading Standards.
Regards, Mel

you are most welcome and get back to me in the future if needed