Paying By Credit Card For Something That Is Faulty

[rosiew]

Hi
We purchased a shower cabin 3 months ago and have had nothing but problems with it. We are in touch with the company who we purchased it from but they say that because it is over the 14 day money back gaurantee they cannot do anything about it. It was sat in the box for 2 months due to finding a plumber that would fit it (they are horrendous to fit apparently). The shower has been siliconed to high heaven due to leaks and the plumber has been back 3 times, he says that it is a manufacturing fault as the doors do not fit correctly. We paid for this cabin by credit card, would i be able to do anything about this.

[sandyRoe]

http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases#how
This any help?

[rosiew]

Thanks for that sandyroe. If i dont get a good response from the company i purchased this cabin from i will go down the credit card route. It was £651.00 so not cheap!!!

[Peter Pedant]

Good advice Sandy - sounz like you are being given the run-around Rosie

[Buenchico]

You need to be clear about the difference between a guarantee and your statutory rights.

A guarantee is a 'gift' from the manufacturer or retailer. As such, the company giving the guarantee is free to determine the terms of the guarantee (e.g. 'it runs out after 14 days').

Your statutory rights are totally separate and exist irrespective of whether any guarantee exists or not. Further, nothing written into a guarantee (or otherwise expressed to you) can void those rights.

With limited exceptions (relating mainly to expendable items, such as batteries) you have the right to a repair or exchange (but not to a full refund) of any item that falls below acceptable quality WITHIN 6 YEARS of purchase if the problem is due to an 'inherent fault' (such as poor manufacturing standards).

WITHIN THE FIRST 6 MONTHS after purchase there is an automatic legal assumption that any fault occurring will be due to an inherent fault (unless, of course, there is indisputable evidence to the contrary).

THEREAFTER its necessary to show (based upon the balance of probabilities) that the problem has occurred due to an inherent fault. (If you'd gone past the 6-month cut-off, a written statement from your plumber regarding the manufacturing fault should suffice).

It is the RETAILER (and NOT the manufacturer) who is responsible for ensuring that your legal rights are complied with. So the retailer is obliged to repair or replace the shower cabin. Given that it seems that an effective repair has proved impossible, it would seem reasonable to expect a replacement cabin.

Further, the retailer must seek to ensure that the purchaser is not left out of pocket, or otherwise unduly inconvenienced, through the provision of a repair or replacement. (e.g. if a retailer has to send a TV set away for a repair which will take several weeks, he should provide a set on loan for the interim period). In your case providing a replacement shower cabin would presumably mean that you'd have to pay the plumber to take the old one out and put the new one in. THE RETAILER SHOULD REIMBURSE YOU FOR THOSE COSTS.

As your original post suggests, and Sandy's link acknowledges, the credit card lender is equally liable with the retailer but I hope that this post helps you to understand the rights you have anyway. (Don't be fobbed off with statements about 14-day periods!).

[rosiew]

Gosh Buenchico, you certainly are a wise man and have made me feel much better. The retailer, JTSPAS, asked for photo evidence which i have sent to them, they are sending them to the manufacturer and im waiting for a response. One photo clearly shows a 2inch gap where the door meets the floor of the shower, at the other side there was a gap but it has been siliconed up. When you get out of the shower you need a mop and bucket. It's terrible.

[New Judge]

And to add to all of the above, the retailer should not expect you to wait until the manufacturer has had time to examine the issue. As Chris has pointed out, your contract is with the retailer and it is for them to put the matter right. What they do after that (i.e. whether they get reimbursement from the manufacturer) is for them to worry about. It makes no difference what view the manufacturer takes on the matter.

[rosiew]

Buenchico!!!!!!
Update on the shower cabin. The credit card company was contacting JTSPAS. On the 17th of April JTSPAS contacted us to say that they would arrange an engineer to come and look at this shower cabin, we heard nothing until yesterday, apparently the credit card company had got involved and thats why we had an email from them. They are sending an engineer out but its their own engineer and not an independent one. Their own engineer is not likely to agree with us. This has been going on since January.