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Roger Hayter[_2_] Roger Hayter[_2_] is offline
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Default Extractor fan - legal terms for returns?

On 16 Oct 2020 at 09:40:52 BST, "PeterC"
wrote:

On Thu, 15 Oct 2020 22:23:47 +0100, Robin wrote:

On 15/10/2020 17:11, John Rumm wrote:
On 15/10/2020 15:34, PeterC wrote:
Just placed an order for:
ST100HT Silent Tornado Hi-Power
Bathroom Fan with Humidistat & Timer
(Love the way it claims high power (not wanted) then boasts about
"low energy" of 7.5W - not bad for an electrical business!).
After placing the order the confirmation page had:
"Faulty Items
All warranties for all electrical items are invalidated if not
installed by a fully qualified professional electrician. We
cannot accept the return of any item deemed faulty unless
it has been installed by a fully qualified professional
electrician registered to one the UK's five trade bodies:
NICEIC, NAPIT, ECA, ELECSA, JIB.

In order to verify the proper installation of the item and
the integrity of the electrical system into which it was
installed, including circuit protection devices and fuse
board, we may need to speak to the installing electrician.
For this reason we require that the customer provides full
contact details of the installing electrician at the point
of return, including the trade body to which they are
registered and their registration number.

We cannot process any refund or replacement for a faulty
item without this information."

I wouldn't have bought had I known (i.e. thought to read Ts&Cs
beforehand)
but I do consider it to be unreasonable. I wonder if it breaches Consumer
laws. I'm more than capable of fitting a fan; the existing one is on RCD,
MCB (lighting circuit) and has a SFCU in the supply (it's not operated by
the light switch).
The only reason for getting a new one is that the present one is
sometimes
sounding a bit 'strange', nothing serious but I decided to fit a new
one and
keep the old one as a spare. Better than waiting for magic smoke/terminal
sulking or whatever.

You could contact them, and say you just noticed their returns policy
and highlight that since you will be installing it yourself you would
like them to waive this restriction, and if they can't, you quite
understand, but will therefore cancel the order under the distance
selling regulations as you have changed your mind.


Better to cite the Consumer Contracts Regulations 2013 which replaced
the Distance Selling Regulations.

But it does depend on it being a business-to-consumer sale rather than a
business-to-business.


It is to consumer, inasmuch as anyone can order from there. Initial prices
are ex-VAT though, so it might be a get-out. No account neede, so not trade
to me.
https://www.extractorfanworld.co.uk/


If you're a consumer and the firm has not taken considerable pains (beyond
just saying "We only deal with business buyers" and not enforcing it) to
establish that you are a business or credibly claim to be one, then they are
subject to consumer law.

--
Roger Hayter