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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61718
Experience:  Qualified Solicitor
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Bathroom supply company delivered a bathroom mirror which we

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Bathroom supply company delivered a bathroom mirror which we discovered was badly chipped at an edge. They refused to replace as the package had been signed for and checked by our fitter. He obviously hadn't noticed the damage as there was a lot of boxes of bathroom equipment for him to sign for and he wouldn't have had time to thoroughly check everything. I complained to the company quoting the consumer rights act regards ***** ***** of acceptable quality but the company refuse to budge. Where do I stand now?
Assistant: Where are you? It matters because laws vary by location.
Customer: Edinburgh Scotland
Assistant: What steps have you taken so far?
Customer: Several emails of complaint with photos of the damage
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: The box with the mirror was opened about a week after delivery

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

How long ago did you receive the mirror?

and how long after this did you report the damage?

Customer: replied 1 month ago.
Received 30th September. Discovered damage on 8th or 9th October

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Ben Jones and other Law Specialists are ready to help you

Many thanks for your patience. When a consumer makes a purchase from a business seller, they have certain 'statutory' rights under the Consumer Rights Act 2015, which states that the goods must be:

  • of satisfactory quality – they must not be faulty or damaged when received
  • as described – they must match any description given at the time of purchase
  • fit for purpose – they should be fit for the purpose they are supplied for

 

So you have quoted the correct laws to the retailer in your communications with them. If the goods do not meet the above requirements, you will have certain legal remedies against the seller. Any rights against the manufacturer will only be under a manufacturer’s warranty that came with the goods. Do note, however, that there is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods.

 

The rights against the seller are:

 

1. Reject the goods and request a refund – this is known as the ‘short-term right to reject’ and must be done within 30 days of purchase or delivery.

 

2. Repair or replacement – this can be done within the initial 30 days, or after that if the consumer can no longer reject the goods for a refund. It is the consumer’s choice as to whether they opt for a repair or replacement. There is a ‘one shot chance at repair’, meaning that if a repair has failed, the goods can still be rejected for a refund, even after the initial 30 days have passed. Alternatively, if the consumer wants to keep them, they can ask for a price reduction, based on what is wrong with them.

 

It is also important to note that the law assumes that any issued which develop within the first 6 months of buying the goods were present at the time of purchase, unless the seller can prove otherwise. If they develop more than 6 months after purchase, it is for the buyer to prove that they were there at the time of sale.

 

Once a decision has been made on which option you would pursue, you must contact the seller and advise them. If they refuse to discharge their legal obligations under consumer laws, you should remind them of these as per the details above. If they still appear reluctant to assist, write to them one final time, warn them that they have 7 days to comply and inform them that if they fail to honour your statutory rights, you will have no choice but to report them to Trading Standards and start legal proceedings through the civil courts to seek compensation.