Can they refuse to refund me?

[tigerpug]

I placed a large order from a UK online bathroom supplier. Of all the products that arrived, two were incorrect. We were away, and the builder took delivery of the goods, fitted them and disposed of the packaging. We got home and realised they were wrong and contacted the company.

We are now in a position where the company refuse to exchange or refund the goods, stating we should have checked them when they arrived.

These items were expensive, and if we had simply changed our minds about wanting them then i would understandably back down. However, they sent us the wrong things. Do they have a legal right to refuse a refund or exchange?

The problem is your builder used them. and so you can't return them. If he hadn't used them then they should have refunded you, but I'm afraid now they're used, then they don't need to refund you.
They made a mistake, but so did your builder and you (by not checking them first).

Your builder accepted them on your behalf, and then fitted them. Pretty sure you can’t argue with that.

If the things you ordered were more expensive and you’ve ended up with cheaper versions then you might get them to agree to refund the difference, but that would be purely good will.

If you want the correct versions, your builder should agree to refit free if charge, as it’s their mistake, but I think that’s about the best you could hope for.

We had similar with a radiator - plumber fitted it damaged and we only saw it once it was up. The company refused to refund us so we peruses it via our credit card company. It took two letters and a few weeks but we were refunded in full.

When had similar with a kitchen from Howdens. Arrived home to find our builder had fitted half of the units. Looked great, only problem was they’d delivered white instead of cream.
Howdens admitted it was their fault, on our kitchen design plans they were cream but someone (at their end) had put the wrong colour on our order.
Poor builder had to remove and replace...

This sounds like your builders problem.

Most companies have a requirement that you check the goods are correct on receipt.

Yeah I’m sorry you should have checked them, or made sure that your builder knew exactly what to expect and checked them.

They’ve been fitted now so you’ve accepted them.

You May get somewhere with your credit card company if you paid that way?

I don't know the technical legal position but given that the items have been fitted i can't see that you should expect the supplier to refund you. What was it, should the builder have been able to tell it was the wrong things?

OK, thats everyone. At least know i now, and will just have to reorder the correct item and bin the wrong one.

If they were expensive sell them on eBay /Gumtree.