B&Q Issue

whitelightrider

Folks,

We bought an Ibiza shower cabin from B&Q in Galway about 4 months ago. It was installed 3 weeks ago when we moved into the house.
Just over a week ago we were woken up by a dripping noise from the shower. Over the next few days its gotten really bad as in the water is streaming from the handle of the shower. Plumber said it needed to be replaced.

Called B&Q and was told it would take over 4 weeks for a replacement part. We have just 1 shower in the house and this now needs to be disconnected.
What are my rights in this situation? Do I have to wait the 4 weeks, or can I look for a replacement shower?

axer

whitelightrider wrote: »

Folks,

We bought an Ibiza shower cabin from B&Q in Galway about 4 months ago. It was installed 3 weeks ago when we moved into the house.
Just over a week ago we were woken up by a dripping noise from the shower. Over the next few days its gotten really bad as in the water is streaming from the handle of the shower. Plumber said it needed to be replaced.

Called B&Q and was told it would take over 4 weeks for a replacement part. We have just 1 shower in the house and this now needs to be disconnected.
What are my rights in this situation? Do I have to wait the 4 weeks, or can I look for a replacement shower?

You would definitely be in a better position if you had installed the shower right after purchasing it. That way you would have known about the problem about 2 weeks after purchase.

You could ask for a replacement but the problem is that they could just say no at which point you would have to bring them to the small claims court which could take the 4 weeks anyway. On top of that it is only the shower handle that is faulty which would be tiny cost wise to the total cost of the shower im thinking.

Might be best to call into B&Q and tell them that a four week wait is unacceptable as you do not have a shower and see what solution they can offer. If the person at the desk cannot help then request a manager or something.

shellyboo

whitelightrider wrote: »

Folks,

We bought an Ibiza shower cabin from B&Q in Galway about 4 months ago. It was installed 3 weeks ago when we moved into the house.
Just over a week ago we were woken up by a dripping noise from the shower. Over the next few days its gotten really bad as in the water is streaming from the handle of the shower. Plumber said it needed to be replaced.

Called B&Q and was told it would take over 4 weeks for a replacement part. We have just 1 shower in the house and this now needs to be disconnected.
What are my rights in this situation? Do I have to wait the 4 weeks, or can I look for a replacement shower?

The shower is not fit for its purpose - you're entitled to a refund, replacement or a repair, as long as you have proof of purchase. If you don't want to wait for the replacement part, ask for a whole new shower unit, you're entitled to this. Alternatively, ask for a refund. Go to http://www.consumerconnect.ie to read up on your entitlements, and if needs be, print them out and take them to the store with you.

whitelightrider

axer wrote: »

You would definitely be in a better position if you had installed the shower right after purchasing it. That way you would have known about the problem about 2 weeks after purchase.

You could ask for a replacement but the problem is that they could just say no at which point you would have to bring them to the small claims court which could take the 4 weeks anyway. On top of that it is only the shower handle that is faulty which would be tiny cost wise to the total cost of the shower im thinking.

Might be best to call into B&Q and tell them that a four week wait is unacceptable as you do not have a shower and see what solution they can offer. If the person at the desk cannot help then request a manager or something.

Hi axer,
I know this. But we bought the unit as it was going to take 6 to 8 weeks to deliver. Hence the delay in it being installed. Either way the point is that the shower handle is faulty, and is leaking water all over the shower. This is costing money as the water system is connected to a pump which pushes water into the house.
I called the store this morning and told them that 4 weeks was unacceptable. I was told that this was all they could do and they were in the hands of the PJH group to get the replacement part for them.

whitelightrider

shellyboo wrote: »

The shower is not fit for its purpose - you're entitled to a refund, replacement or a repair, as long as you have proof of purchase. If you don't want to wait for the replacement part, ask for a whole new shower unit, you're entitled to this. Alternatively, ask for a refund. Go to http://www.consumerconnect.ie to read up on your entitlements, and if needs be, print them out and take them to the store with you.

Hi shellyboo.
I was thinking that I was entitled to a replacement if the product is faulty. I dont mind waiting a week for a part but 4 weeks is a little much to be without a shower in the house. And they have all of my order details online as there were able to give me the original order number, and quote this back to PJH when they were on to them this morning.
I just think they could have offered more than simply sit back and wait for 4 weeks.

Cabaal

shellyboo wrote: »

The shower is not fit for its purpose - you're entitled to a refund, replacement or a repair, as long as you have proof of purchase. If you don't want to wait for the replacement part, ask for a whole new shower unit, you're entitled to this. Alternatively, ask for a refund. Go to http://www.consumerconnect.ie to read up on your entitlements, and if needs be, print them out and take them to the store with you.

You can't just look for a refund or replacement, its upto the company which they do, anyway as already noted by the OP they will replace but this will take 4 weeks, the company is not doing anything wrong here as they will often have timeframes for stock to come in etc

GreeBo

Id ring them and tell them that they either give you a quicker turnaround, or you return the shower to them for a full replacement/refund.

axer

Remedy for breach of warranty

53.—(1) Subject to subsection (2), where there is a breach of warranty by the seller, or where the buyer elects, or is compelled, to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not by reason only of such breach of warranty entitled to reject the goods, but he may—

( a ) set up against the seller the breach of warranty in diminution or extinction of the price, or

( b ) maintain an action against the seller for damages for the breach of warranty.

(2) Where—

( a ) the buyer deals as consumer and there is a breach of a condition by the seller which, but for this subsection, the buyer would be compelled to treat as a breach of warranty, and

( b ) the buyer, promptly upon discovering the breach, makes a request to the seller that he either remedy the breach or replace any goods which are not in conformity with the condition,

then, if the seller refuses to comply with the request or fails to do so within a reasonable time, the buyer is entitled:

(i) to reject the goods and repudiate the contract, or

(ii) to have the defect constituting the breach remedied elsewhere and to maintain an action against the seller for the cost thereby incurred by him.

(3) The onus of proving that the buyer acted with promptness under subsection (2) shall be on him.

(4) The measure of damages for breach of warranty is the estimated loss directly and naturally resulting, in the ordinary course of events, from the breach of warranty.

(5) In the case of breach of warranty of quality such loss is prima facie the difference between the value of the goods at the time of delivery to the buyer and the value they would have had if they had answered to the warranty.

(6) The fact that the buyer has set up the breach of warranty in diminution or extinction of the price or that the seller has replaced goods or remedied a breach does not of itself prevent the buyer from maintaining an action for the same breach of warranty if he has suffered further damage.

The above is from the Sale of Goods and Supply of Services act 1980. The main issue for you is "fails to do so within a reasonable time" but reasonable time is not defined thus you have to make the argument there. There is an argument to be made though.

No matter how good your argument is though they can still say no and make you go through the small claims court to get your remedy. I dont know how much the shower cost but there is a €2,000 limit and a €15 fee. Read more here.

Is it actually possible to send the entire product back?

whitelightrider

axer wrote: »

The above is from the Sale of Goods and Supply of Services act 1980. The main issue for you is "fails to do so within a reasonable time" but reasonable time is not defined thus you have to make the argument there. There is an argument to be made though.

No matter how good your argument is though they can still say no and make you go through the small claims court to get your remedy. I dont know how much the shower cost but there is a €2,000 limit and a €15 fee. Read more here.

Is it actually possible to send the entire product back?

No, its a shower cabin so it's pretty big. I just think its a bit much having to wait 4 weeks for a replacement part. If you check online at the site below you can see that they sell the back panel and can be delivered to the UK within a week. So how does it take another 3 weeks to get it to Ireland?

http://www.diy.com/diy/jsp/bq/nav/nav.jsp?action=detail&fh_secondid=9300618&fh_view_size=6&fh_location=%2f%2fcatalog01%2fen_GB&fh_search=ibiza&fh_eds=%c3%9f&fh_refview=search&ts=1227102293906&isSearch=true

Welease

Sadly you will have to wait the four weeks As has been stated they can repair, replace or refund and they have the choice which option to take.

I have generally found B&Q to be pretty helpful (in fact i just returned from there 1 hour ago with a replacement washing machine for ours which had broken down within guarantee). I would suggest you ask to speak to the manager, accept they will order the part from whereever, but ask if there is a possibility of expediting the order by ringing directly and shipping seperately. If it was shipped tomorrow it would only take a few days to arrive.

Edit - Meant to add.. I believe a court would think four weeks was a reasonable amount of time (it's an inconvenience yes, but I imagine you do have a bath and therefore are capable of washing), and although i have never been to small claims court i would be surprised if you got the case heard and resolution determined within the next four weeks anyway.

gerrycollins

shellyboo wrote: »

The shower is not fit for its purpose - you're entitled to a refund, replacement or a repair, as long as you have proof of purchase. If you don't want to wait for the replacement part, ask for a whole new shower unit, you're entitled to this. Alternatively, ask for a refund. Go to http://www.consumerconnect.ie to read up on your entitlements, and if needs be, print them out and take them to the store with you.

the discretion of the 3 r's refund,replace,repair is at the mercy of the retailer. the cheaper option for b&Q is to repair first so wait sadly.

you can try and plead your case thats the best you can do to speed up things,

axer

gerrycollins wrote: »

the discretion of the 3 r's refund,replace,repair is at the mercy of the retailer. the cheaper option for b&Q is to repair first so wait sadly.

you can try and plead your case thats the best you can do to speed up things,

I don't know why people keep saying this. The remedy for breach of consumer contract is not at the mercy of the retailer. Often the retailer is unreasonable in the remedy it think suits and often the consumer is unreasonable in the remedy it looks for but neither have the ultimate say in what they get. If there is a case for a particular remedy and both parties don't agree then it goes to small claims court to decide if less than 2k.

To sum up: the discretion of the 3 r's refund,replace,repair is NOT at the mercy of the retailer its at the courts if both parties cannot agree amongst themselves.

whitelightrider

Got a call from PJH this morning and the update I got was the following:
A replacement back panel is being sent to PJH on the 29th November. They will courier it over to Ireland once they get it. So it looks like about 2 weeks instead of 4 which is pretty good. Had to show my wife how to turn the screws at the back of the shower to turn on and off the water which didnt go down too well!!!

Anyway we'll see what happens in the next 2 weeks.