Where do i stand with an ex-display item please?

[LondonWeighting]

Hi. I bought an ex-display bath from a local bathroom shop a few years ago

because i knew i needed one soon and as it was ex-display it was a fraction of the price of a new one.

 

 

It was sold as seen and it looked fine. I've had it in my garage for over two years

now that i've come to install it i've noticed that it has started to go yellow. It should be white.

 

The retailer says that it was sold as seen and as an ex-display bath

it isn't covered by the long guarantee that a new bath comes with.

 

 

He says that the bath has been on display in the shop for years as well as it being in my garage for a further two years

and it isn't reasonable for him to guarantee it under those circumstances.

 

I admit that i was attracted by the price

as i got the bath and the taps for less than i would have paid for just the taps at full price.

And i knew it was ex-display when i bought it but i didn't expect the colour to yellow

and i'm disgusted at the retailer's stance.

 

I am very frustrated and would gratefully welcome any advice that is available please.

[dx100uk]

makes no odds it was ex display

sold as senn or WHY

 

 

its covered by SOGA and the

 

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?440-The-Consumer-Rights-Act-2015

[LondonWeighting]

Thanks for the quick reply. As you can probably tell, i'm really annoyed so i'm desperate to hear where i stand.

 

The shop owner says that it is impossible for him to guarantee the bath as i have had it in my possession for over two years and there is no way of him knowing in what conditions it was stored under.

 

His stance seems to be that the bath was fine when it left the store and it was sold as seen.

 

I've stored it for all that time and now it isn't fine.

 

It is also impossible to know what colour it left the store in

and has it actually got any worse than the day i bought it?

I think it has obviously.

 

He also seems to be saying that as the taps alone cost more than i paid for the bath and taps then there is nothing to refund.

[dx100uk]

load of old cobbrers

 

 

nothing to do with any guarantee or ex display.

sold as seen, discounted...

MATTERS NOT

 

 

as I posted before.

[BazzaS]

load of old cobbrers

 

 

nothing to do with any guarantee or ex display.

sold as seen, discounted...

MATTERS NOT

 

 

as I posted before.

 

Agreed, as far as "fitness for purpose".

However, the retailer is also saying : stored in garage (under unknown conditions) for 2 years.

 

The OP still needs to demonstrate there was an inherent fault from manufacture that has caused the deterioration, rather than "fine when made, discoloured due to storage that any bath would risk discolouration under".

 

OP, could you agree with the retailer an expert's report to determine this?

[king12345]

IS it a steel or acrylic bath?

Acrylic tend to go yellow after a few years, especially if exposed to direct sunlight.

It's because they contain resins which "cook" slowly in sunlight and inevitably with time.

If it's a steel bath, no excuse.

[LondonWeighting]

Agreed, as far as "fitness for purpose".

However, the retailer is also saying : stored in garage (under unknown conditions) for 2 years.

 

The OP still needs to demonstrate there was an inherent fault from manufacture that has caused the deterioration, rather than "fine when made, discoloured due to storage that any bath would risk discolouration under".

 

OP, could you agree with the retailer an expert's report to determine this?

 

Thanks for the help everyone and sorry for the delay in posting. After many exchanges of opinion the retailer said he'd take the lot back and refund me for everything. He said he still didn't think he was in the wrong but that some things just weren't fighting over. I'm disappointed that I've lost the taps as they were a bargain but he said he sold it all to me as a package so he's taking it back as a package.

 

Thanks again for the advice. It gave me the confidence to continue pushing and arguing.

[king12345]

This retailer has been very reasonable, can you name them?

It would be good to know where the good stores are and not just the bad ones

[ericsbrother]

the retailer had no need to refund you so consider this when you take up the cudgels next time.