Consumer Contracts Regulations

[ShowerHelp]

Hello, I am looking for advice on rejecting an expensive shower unit bought online please.

Plumber has assembled/installed the unit. One of the control handles has a pre cut hole in it, not sure why. Another is loose.

There is a control panel to listen to radio or music via Bluetooth - both are really crackly unless the volume is turned up high.

Visually, the aesthetics are poor. The photographs and videos that are online do not show that on the top of the unit the speakers are exposed, with a dome shaped piece of plastic over them. The published photos must have been taken from a low angle.

The water pressure is good however the jets are not exactly invigorating. All in all I am extremely disappointed, having spent over £1200. I feel as though the retailer misrepresented the product.

I have been refused a refund. The manufacturer said assembled products cannot be returned. The issues were not apparent until it had been assembled.

I am within 14 days of delivery. The unit has been used once and also did not seem particularly sturdy.

Do I need to just write this off or would I have any recourse under the the Consumer Contracts Regulations?

I paid via credit card so would section 75 be applicable?

Thank you in advance for any responses.

Your rights are against the retailer, not the manufacturer. You don't have a contract with the manufacturer so they can set their own rules, including refusing refunds when a unit has been assembled. The retailer, however, must give you a refund. There is nothing in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 that allows them to refuse just because the unit has been assembled. They could refuse if the unit was made to your specification or clearly personalised.

Yes, section 75 is applicable if the retailer refuses to pay.

Thank you for your reply.

I think the retailer is the manufacturer so where does that leave me? It’s the same brand name but an online outlet.

The unit wasn’t personalised - it is just a standard unit.

One response included ‘As the unit has been assembled, we cannot refund you but of course, we are happy to help you overcome the issues you have’.

Another (complete with typos) said ‘ In regards to returns, this is on new product of which is returned in as new condition. Once assembly commneces on a DIY product, this is deemed as acceptance as the unit cannot then meet the above requirements’.

I have photos of what I’m unhappy about I can post if that helps? I am wary however as the make may be identified and I’m not sure if I could get into legal trouble.

Just checked their website. It states:

If for any reason you are not completely satisfied with your online purchase and would like to return the item for a refund, please contact us within 14 days of receipt of your purchase.

Exempt from refund are Bespoke orders. Black, white, carbon or any other designs which have been added to the showers fall under the category of bespoke orders.

To return an item please contact our UK Outlet store on xxxxxxxxx and arrange collection or the return of the item. You are responsible for returning the item to us and the cost of this. You have 14 days from the receipt of your order to contact us to arrange a return of the purchase. The item must then be returned within 14 days from that point.

Please Note: Once build/installation commences this is deemed as acceptance of the product.

If the manufacturer and the retailer are the same company your rights are against them. If they are different companies your rights are against the retailer.

They could argue that you have reduced the value of the goods by handling them beyond what is necessary to establish the nature, characteristic and functioning of the goods. If they can justify that they can reduce your refund to reflect the reduced value of the goods, and that can include reducing the refund to zero. However, if this ended up in the small claims court they would have to justify their stance. It isn't immediately obvious that assembling a shower unit would reduce its value.

The fact they talk about acceptance of the product suggests they are thinking in terms of the old Sale of Goods Act. There is nothing in the Consumer Contracts Regulations about accepting the goods, let alone any suggestion that acceptance takes away your right to cancel. If the goods are faulty and the issues (loose handle, crackly sound, etc.) are not due to poor installation you also have rights under the Consumer Rights Act.

They can't take away your rights by statements on their website. Anything they say which is contrary to the regulations is automatically an unfair term and has no effect.

Be clear with them that you are exercising your right to cancel under the Consumer Contracts Regulations. If they continue to refuse a refund you should send them a letter setting out your claim, giving them a reasonable time to provide your refund and stating that you will take legal action if they don't refund your money. You may also want to consider referring them to Trading Standards.

Many thanks for your advice.

it could be tricky as the 14 days normally mean returning the product in it's box and unused ie if she had the shower and decided not to install it the 14 days works OP could send it back but they might have a point once it is installed as it is no longer thye sent her and OP is going to have to pay someone to uninstall it in order to return anyway

it's a bit like not being able to return DVD's software discs once opened package unless faulty

there are some legal caveats to the 14 day return period

there are some legal caveats to the 14 day return period

The caveats to which you refer are more limited than you seem to think. There is no general requirement for the goods to remain in their box unused. The exceptions are goods which are sealed for health or hygiene reasons, sealed video or audio recordings and sealed computer software. If you break the seal on these you lose the right to cancel. Also, if the goods become mixed inseparably with other items after delivery you lose the right to cancel.

These caveats don't apply in the OP's case. She does have to uninstall the shower to return it but, provided handling has not reduced the value of the shower (e.g. by damaging components), she is entitled to a full refund.

Yes, I paid a lot of money for installation and will need to pay again for it to be uninstalled.

All of the photos online show the top of the unit looking like this:

When it actually looks like this:

I thought the roof was missing or something but it’s not. I feel mislead by the website.

For anyone interested, I had another reply this morning:

Thank you for your email.

You fall under our terms of warranty. The product is not as new and the refund request has come after you have assembled and used the product. We therefore cannot accept your request of a refund. By no means has the product been misrepresented online, the images are not been adjusted to hide or remove any component. As of my previous email, we wish to help you overcome your speaker issue.

Their warranty cannot take away your consumer rights. If the product is faulty you are entitled to reject it and get a full refund. Also, under the Consumer Contracts Regulations you are entitled to cancel your order even if the product is not faulty, although they may be able to argue for a reduced refund as per my previous posts.

Thank you prh47bridge I will persist.

What do you think of the photos? Buying online, I was unable to see the top of the shower. None of their photos show a side view. Is this just a chance you take buying online? Or should their photos have made this clear? This was not apparent until the unit had been assembled.

If I were you I would be focusing on the faulty aspects of the shower rather than the aesthetic of the visible speaker that you dislike.

The Bluetooth controls that crackle, the loose handle, the unsightly/unnecessary pre cut hole and the poor jets are all things you could use as an argument for the shower to be faulty and not fit for purpose and you can use them as an argument to return it under the consumer rights act.

The fact there is an ugly speaker visible on the top of the shower that wasn’t shown in their display photos is annoying and would really piss me off too, but it does not make the shower faulty or unfit for purpose. Using that as your main argument for a return/refund will definitely weaken your case substantially.

I agree with JollyAndBright that you are on stronger ground with the Consumer Rights Act. As I've pointed out, with the Consumer Contracts Regulations the seller may be able to argue that you aren't entitled to a full refund because you've handled the goods more than necessary to establish their nature, characteristic and functioning and, by doing so, you have reduced their value. I'm not saying they are right but they can try that argument. However, if you reject the goods on the basis that they are faulty there is no question - you are entitled to a full refund.

Hi again

So they have sent a further email stating the shower is not faulty (how they would know when they have not tested or collected it I don’t know).

They said the water pressure is not enough for the performance I am demanding (they haven’t even asked what the BAR pressure is.

They are no longer prepared to discuss a refund and will only comment and act upon the terms of the warranty.

So, I will send a letter before action. Should I give them a timeframe to collect this unit? What happens if they do not collect, am I just meant to store it long term?

Is it ok to try and lodge a claim with my card provider now or do I need to wait and see if they respond to the letter?

I really appreciate all advice.

I would concentrate on giving them a time limit for a refund. Collection of the unit is a separate issue.

I would wait for the seller's response before claiming against your credit card provider.

Thank you. Should they collect it at their expense if it’s faulty or would I need to pay for a courier to collect?

I don’t particularly want to organise and pay for a courier as they could refuse to accept it their end. Also mindful it could get damaged during transportation.

If you are working on the basis that the shower is faulty, if they delivered, they should collect. But you don't need to return it at this stage. You do, however, need to stop using it and tell them you are rejecting it.

It was only used once. My concern is that they will accuse me of using it for the entire time it is in my possession.

Yes I have told them I am rejecting it. If I send a letter before action and it goes to court, will I be responsible for their costs if I lose?

I am aware you have helped me enormously on this thread - thank you.

You won't have to pay their legal costs if you lose unless you behave unreasonably.