Can I get a refund on my wrong size shower door?

[FreiasBathtub]

Long story. We needed a new shower door for our loft conversion cubicle. The width for the door is a non-standard size and we couldn't get it online, so we ordered from the local plumbers merchant who supplied some of the other fixtures for our bathroom. My fitter spoke to the merchant and they agreed the door, a photo of which was sent to me. I placed the order and paid.

The door arrived and the fitter realised, after opening it, that it's too tall (2000mm for an 1850mm gap). I called the plumbers merchant who won't take it back because it's been opened. So we are stuck with a £450 door we can't use.

I don't know what my rights are here and am completely willing to accept that I've been stupid in relying on the merchant and the fitter to get the size right. I wasn't involved in any conversations about the dimensions, and was not told at any point that I was not entitled to a refund if the door had been opened. Is there any hope?!

What’s your fitter said?

He was expecting them to take it back and thinks it's rubbish they don't but doesn't have much advice other than eBay.

You don’t have ant rights to a refund even if it hadn’t been opened. Refunds are at the goodwill of the retailer unless under distance selling rules.

Do you have the invoice with the sizes on it?

Who took the measurements and ordered it?

I have an order with the name of the brand and that it's a 900mm door (which it wasn't, it was 830mm). I queried the 900mm width when I placed the order and they told me it was fine (with definite overtones of don't be so silly), but nothing mentioned about the height at any point and it was never specified.

I'm not clear if distance selling applies or not. I didn't see the door before placing the order, only the name and the photo, and wasn't supplied with any T&C's saying it wouldn't be refunded if opened.

The fitter took the measurements and discussed with the merchants, I agreed the order and paid.

Did you place the order online?

Did you place the order on the basis of the fitters measurements? If so, you could potentially argue under the consumer rights act that the fitter did not use any reasonable care and skill when measuring up and you would be entitled to a repeat performance (another door) or for a reduction in price. The burden of proof is on you though, so you will need evidence you placed the order on based on the fitters incorrect measurements.
Obviously if the fitters measurements are right and the door is not the size you asked for then you have rights that the goods were not as described under the consumer rights act and you could claim a full refund under your short term right to reject (first 30 days of the delivery arriving).

Also distance selling regs are not law anymore. It was superseded by the consumer contracts regulations in 2013.

You could check your right to a cooling off period here. www.citizensadvice.org.uk/consumer/changed-your-mind/changing-your-mind-about-something-youve-bought/

Was it custom made or a stock item? Was it ordered instore or from home? If the door is of the size ordered by the fitter then it's him at fault, not you. What sort of packaging is it? Can it be resealed?

Wow thank you all so much for these really helpful responses!

Order was placed by me over the phone. No mention was made at any point about height by the fitter or the supplier. I was not told of the door's height, on the phone or in writing, before placing the order. Seems that both 1850 and 2000 are standard heights so this was just a communications breakdown between the fitter and the supplier.

Not custom made, but had to be ordered in by the supplier (they don't keep it in stock). The package has been resealed (cardboard box) but apparently the original manufacturer won't accept the return, so the supplier won't either.

www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations sounds like you should be able to return it if you ordered over the phone