nicetap.com returns policy - Is it legal

[boomtan]

Hi, I was wondering if I could get some advice.

 

I order a monobloc tap from nicetap for a replacement kitchen I was having put in. When my kitchen fit was complete the sink was the last thing to go in and I found that the tap leaked internally from the selector valve when switch on.

 

I tried to call nicetap but they never answered the phone, after a couple of days of trying I sent an email to describe my issue. I received a reply saying that since the '7day refund' period had elapsed I could not get a refund only a repair. I told them that I'd been trying to contact them by phone within the period but they never answered, they said that it did not matter as the email was the first confirmed contact.

 

I did not want a repair as I had to buy a replacement tap in the meantime and it would be useless, also I was motivated by the fact that the quality of the item was poor (wobbly and cheap metal) and I didn't want another. In the end the only thing they would do is swap it for another item. I thought that I could at least get something back by selling it on

 

I sent the tap back to their shop address on the High St in Keighley, Bradford. but it came back to me with an 'unknown address' sticker. I figured this to be a fake address to make the trader look more trustworthy. I contacted them again and was told that I had to send the item to their ‘warehouse’ (they could have told me that the first time!) and they gave me another address which looked residential to me.

This time they received the item but sent an email with pictures attached that stated that the item was not in pristine condition and they would not accept it, even though it looked fine to me when I sent it. I figured that I was wasting my time with them and told them to just get it repaired for me. At which point they pointed to their T&Cs where it states that I am liable for the £20 cost to send it back to the factory.

That does not sound right to me as I thought I had fulfilled my side of things. Is it legal for them to treat me like this and ask for more money?

[perplexity]

Was this a distance contract, online?

 

As a rule of thumb, the consumer protection legislation gives a good deal more of a protection than would be expected as a matter of common sense, not less.

 

Trading Standards should be chasing this up. Don't just ask for advice; they will then redirect you to Consumer Direct; insist that they investigate.

 

[boomtan]

Thanks for you quick reply.

 

Yes, it was an online sale. I was asking for advice to see if anyone thought that they were doing something against the law before I decided whether or not to take it further. If anyone can confirm that then I will be better prepared. Thanks.

 

Per Bradford News

 

Per Keighley News

[hightail]

Sounds like they are mixing up DSRs and SOGA. If you'd simply changed your mind then you have 7 days to notify the supplier you wish to return the goods under DSRs. This tap is faulty which means you will be returning it under the Sale of Goods Act. No such 7 day restriction exists in these circumstances.

[perplexity]

I notice that their terms and conditions are not legitimate.

 

The Distance Selling Regulations are perfectly specific to the effect that

 

Except as otherwise provided by these Regulations, the effect of a notice of cancellation is that the contract shall be treated as if it had not been made.

The supplier owns no right to unilaterally determine that a reasonable care has been taken of a product.

 

That falls foul of the The Unfair Terms in Consumer Contracts Regulations 1999 which forbid the

 

© making an agreement binding on the consumer whereas provision of services by the seller or supplier is subject to a condition whose realisation depends on his own will alone;

A consumer's right to cancel a distance contract is absolutely unconditional, except for conditions prescribed by the Regulations (not the supplier) nor in any case is the consumer "under any duty to deliver the goods except at his own premises and in pursuance of a request in writing".

 

A supplier may object to the condition of goods thus retrieved but would then have to claim against the consumer and prove the claim.

 

It is also the duty of the supplier to inform the consumer that the right to cancel exists, which their terms fall short of achieving. Crucially, the right to cancel exists because of the Regulations, not the supplier's terms. If a supplier argues about it, inform that your cancellation is because of the Regulations, not an invocation of the supplier's terms which do not apply. It is an offence for a seller to present his terms as if to offer something special that was not already available as a legal right.

 

The cancellation period therefore extends to three months beginning with the day that the consumer receives the correct information from the supplier.

 

You could alternatively pursue a complaint on the basis that the goods did not conform to contract, but the DSRs provide the easy option of eliminating the contractual dispute.

 

Edited July 16, 2010 by perplexity
trivial

[boomtan]

Thank you all for your kind and useful advice, I have filed a complaint against nicetap with Trading Standards. I would advise anyone who is thinking of buying from not-so-nicetat to not to do so unless they want to risk a similar experience.

 

For info I noticed that they had negative reviews on judgespot but their reviews have now been suspended as nicetat had been stuffing the reviews with their own fake 5 star reviews to push up their rating - very trustworthy. You may still be able to read fragments in a Google search if you hit the cache button.

[griffzilla]

I love the use of language on the Returns Policy

 

We will check every single item and make sure they are in perfect condition (no scratch, no dent, no bend and no broken) then we packed them with carton, polystyrene or bubble wrap before the dispatch. The couriers we are using are well trained professional, so there is impossible for the items damaged during the transit. You should reasonable for the damage of the items once you signed.

[Conniff]

12. Nothing in these terms and conditions is to be taken to exclude or restrict rights granted to you by law in respect of goods supplied. Some goods may be the subject of additional warranties or guarantees given by the their manufacturers direct to you.

 

Under the regulations, any faults that are found in the first six months are assumed to have been there at the time of purchase and during those six months, it is up to the seller to prove that there was no fault and not the buyer to prove there was.

 

I would send them a recorded/registered letter 'telling' them that under the Sale of Goods Act 1979(as amended) and the Sale and Supply of Good and Serviced and stating what I said above.

 

Tell them they have 7 days in which to respond favourably or you will seek legal advice.

[boomtan]

Under the regulations, any faults that are found in the first six months are assumed to have been there at the time of purchase and during those six months, it is up to the seller to prove that there was no fault and not the buyer to prove there was.

 

I would send them a recorded/registered letter 'telling' them that under the Sale of Goods Act 1979(as amended) and the Sale and Supply of Good and Serviced and stating what I said above.

 

Tell them they have 7 days in which to respond favourably or you will seek legal advice.

 

Cheers for the advice, I did exactly what you said but they responded with 'If you want to take legal advice then its up to you'. No dialogue, No compromise, No nothing.

 

They have currently got my tap and my money and don't seem to give a hoot. You can tell that they bank on people not going to the trouble or expense of taking it further.

 

At the very worst it could be called theft and at the very least its a bad 'company' with a money grabbing attitude and appalling customer service. Come to think of it, I wonder even if they are a real business and whether they are paying taxes as they lied about their location and they are obviously operating out of their own back bedroom.

[Conniff]

boomtan can you pm me all you have on them ie names and addresses pse.

[bruceiow]

Has anyone found any information about this company as yet??

 

I have a very similar situation.

 

I bought a tap from nicetap, it arrived and within days had flooded my brand new kitchen. After providing countless images, it was agreed to replace the tap..

 

I was referred to the companies terms and conditions for return and followed these to the letter. postage alone was nearly £25.00.

 

The address given to me by the company was Seedhill terrace (looking at street view - it is not exactly on a trading estate).

 

the parcel was attempted for delivery and subsequently never collected. The company advised that the location was closed for refit and it was my responsibility to redirect the parcel or resend.

 

I am not shelling out another 25.00 for postage and it is up to the receiver to renegotiate delivery addresses. I also dont understand how a refit of a depot can affect returns - that is not good business logic.

 

Luckily for me, I am married to a lawyer and we have very strong ties with Trading Standards.

 

I have opened a case with trading standards and cant wait for them to call my bluff on legal action..

 

I will update as information comes available.

[bruceiow]

I have gained some further information regarding the company. If anyone would like it, please PM me!!