Broken shower, can i take it back??

[cakeyj]

Hi just looking for some advice. Brought a Oxford mixer shower from MFI in January. At the time the flow lever didn't thread on properly to the shower unit. I rang the suppliers who sent me out a new one. By the time the new one arrived the original level kept falling off. The second lever still didn't attach properly and I have now been ringing supplier, manifacturer and MFI for weeks. I speak to a different person every time and keep getting sent fromdepartment to department and no one seems to want to deal with me. Since the second lever arrived there has also been no hot water from the shower and my builder thinks the thermostat may have gone. The shower cost �180 and to be honest I am sick of the sight of the blooming thing now and the treatment I am getting from the services involved is getting embarrassing. Can I take it back and get a refund??

[leylander]

I think that under the sale of goods act if a product is not fit for the purpose intended you are entitled to a cash refund if you have a receipt. Go into the store and threaten them with bad publicity,they will then sort you out!

[countrykid]

Is it a mixer shower connected to the bath taps, or a separate electric one? Did the shower have a 12 month guarantee?
From the Sale and Supply of Goods aspect, your contract is always with the retailer, in this case MFI, and therefore it is they who are your first port of call. Legally, where a fault ocurrs in the first 6 months, the retailer has to prove it was not present when sold to you, and thereafter the onus is on the customer to prove the goods must have been defective from first use. In your instance, you can demonstrate that the goods had defects very early on, and this will help your case in my view.

When purchasing any new goods, you have a right to expect them to be free from defects, and dependent on when any fault may later occur, you can expect the retailer to either replace the item - usually if less than 28 days old, or offer to repair the goods - bringing up to a satisfactory standard within a reasonable time scale. If they cannot repair, then again dependent on age, you are entitled to a full or in some cases a partial refund. The later is usually when the goods are almost out, or are out of the initial 12 month guarantee period. The partial refund reflects the fact that the customer has "enjoyed" the use of the item for a period of time, though in your case that word might be "endured"! Sorry can't be more specific, but in consumer law, there are always Grey areas such as wear and tear, fair use etc. If it were my shower, I would go back to MFI, explain the history of the problem, and if possible give them dates of when you had problems, and when new parts were supplied. Be polite, and ask them what they are prepared to do to remedy the problem. Do not accept an answer such as "it is not their problem, but the manufacturers". You bought it from the retailer MFI, and that is where the buck stops. Hope this helps a bit.

[leylander]

Hey countrykid, couldn't have put it better myself !

[BenDToy]

With one very important exception this is pretty sound advice. The "12 month guarantee" has no real legal significance and is usually in addiiton to your statuary rights, which are what are being discussed here. In addiiton, if the goods are faulty, you do not need to provide proof of purchase to get a cash refund.