Worktop woes 😭 What are my rights?

sandy1267 · 7 December 2017 at 7:34PM

I purchased 3 x 3 metres of high gloss worktop online from a company, paid for them and the delivery.
The company stipulated an able bodied person must be available to assist the driver in carrying the worktops into the house, which was me, and we did this.
My builder started to fit the worktop when I said to him it's smashed up on the underside of the rounded edge, so he started to work using a different one, I noticed that one was also cracked in the same place, they also had some sticky substance/scratch damage on them!

I emailed pictures of the two damaged worktops immediately to the company, who asked for my order number. I gave them this but heard nothing so I rang them, the guy said he'd look into it and ring me back, as I was asking if he had my number he hung up on me. He didn't ring back.

I rang back today to be told they refuse to replace the damaged two, because I didn't check them within 48 hours, I explained that they are far too heavy for me to lift to check on my own (remembering they insisted their delivery guy couldn't do this alone) to which they replied that I didn't have to lift them to check them.
How else do you check them without lifting them? (They were stacked on their side in my front room and luckily I had sent the builder a photo of that to state they'd arrived)

So now I have no worktops a half finished kitchen and a company who refuse to replace them.
What can I do? Surely 48 hours for a single female to try to check every part of 3 extremely heavy (and wrapped) worktops is totally unreasonable by any standard, but they are not having any of it, they've effectively taken my money and ran?

theonlywayisup · 7 December 2017 at 8:16PM

Is this a private purchase or a business?

In that I mean, did you buy or did your builder do it on your behalf?

If you are a consumer, have a read here https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act

You have 30 days as a consumer to reject the goods.

sandy1267 · 7 December 2017 at 8:31PM

theonlywayisup wrote: »

Is this a private purchase or a business?

In that I mean, did you buy or did your builder do it on your behalf?

If you are a consumer, have a read here

You have 30 days as a consumer to reject the goods.

Hi theonlywayisup and thank you for your reply.

I purchased them online myself, from a business, they are a registered company - many thanks

theonlywayisup · 7 December 2017 at 8:53PM

Well in that case, you need to read that link. It isn't clear in your OP what the timescale is. Were you within the 30 days?

sandy1267 · 7 December 2017 at 9:20PM

theonlywayisup wrote: »

Well in that case, you need to read that link. It isn't clear in your OP what the timescale is. Were you within the 30 days?

Theonlywayisup I received them 22/11/17 so two weeks ago. I have never heard of having to check an item within 48 hours so did think they were trying to rob me tbh!

I've gone through the letter of complaint tool, so we'll see what happens in the fortnight they have.
In the meantime I'll just have to come to terms with the fact that Xmas dinner is off the menu this year 😢

TheCyclingProgrammer · 7 December 2017 at 9:41PM

Don’t let them fob you off or claim you damaged them - unless they can prove that they don’t really have a leg to stand on. It’s not reasonable for them to expect you to have full inspected the goods on your own especially if they were not being fitted immediately. Two weeks is well within the time limits for rejecting faulty goods.

The reason they like you to contact them within 48 hours is so they can claim of the courier. They probably won’t be able to now but that’s not your problem.

Head_The_Ball · 8 December 2017 at 1:38AM

If you paid with a credit card and the total was over £100, then you may be able to use Section 75 of the Consumer Credit Act to get your money back from the Credit Card Company.

Under Section 75 of the Consumer Credit Act 1974, a credit card company is jointly and severally liable for any breach of contract or misrepresentation by the retailer or trader.

Google or search MSE for more details as I am not fully up to speed on all the details.

Good luck.

andyhop · 8 December 2017 at 9:06AM

You would have agreed to there terms and conditions when you purchased . I’m confident that it will state the above

If you are too lazy to check items you have purchased for 2 weeks

Worktops should have be stored correctly and checked as they came of the truck for damage .

theonlywayisup · 8 December 2017 at 9:26AM

andyhop wrote: »

You would have agreed to there terms and conditions when you purchased . I’m confident that it will state the above

If you are too lazy to check items you have purchased for 2 weeks

Worktops should have be stored correctly and checked as they came of the truck for damage .

Harsh to call someone lazy.

Either way, a company's T&C cannot override the law. The OP has protection from a card if he used one AND legislative protection which gives him/her 30 days to reject.

martinsurrey · 8 December 2017 at 11:14AM

andyhop wrote: »

You would have agreed to there terms and conditions when you purchased . I’m confident that it will state the above

If you are too lazy to check items you have purchased for 2 weeks

Worktops should have be stored correctly and checked as they came of the truck for damage .

Fortunately the rule of law overrules anything that a company puts in their small print.

OP, reject the goods, WRITE a letter to that effect as well as email, and keep a copy of the letter, and proof of postage (take the letter to the post office, send it first class and ask for proof of postage from the counter).

sandy1267 · 9 December 2017 at 3:26PM

martinsurrey wrote: »

Fortunately the rule of law overrules anything that a company puts in their small print.

OP, reject the goods, WRITE a letter to that effect as well as email, and keep a copy of the letter, and proof of postage (take the letter to the post office, send it first class and ask for proof of postage from the counter).

Thanks martinsurrey,

I wasn't too lazy 🙄 I had to help the driver myself as they sent one person to carry the lot, so he put them down where I had room, unfortunately he put them down on the rounded edge, which is where the damage is, they were also stacked side by side, I didn't have a hope in hell of checking them as it would mean lifting and pulling them out, I'm simply not strong enough to do that.

The delivery driver was out the door in seconds, there's no way he'd have waited for me to check them nor would he have helped me lift them to do so!
I've sent them the consumers rights act which they've ignored so Far, surely their T&C's contravene the act?

4. Delivery of Goods

4.2 If an item on delivery is damaged, please ensure you make a note of this on the delivery paperwork and email info@hcsupplies.co.uk with the details. Do not refuse delivery unless every item is damaged. If you refuse a delivery with an undamaged item(s) included, you will be charged for the return and the re-delivery of that item(s). For large pallet deliveries please be aware that the costs will be considerably more than the delivery charge you would have paid at the checkout.

4.3.2 Upon delivery it is your responsibility to ensure that an able-bodied person is present during delivery to assist the driver with off-loading and carrying the goods. If nobody is present to assist the driver the goods will be taken back to the depot and the delivery attempt classed as failed. If the delivery attempt is failed there may be a re-delivery fee to be paid by you, the customer, before we are able to send the goods back out. If you wish to cancel the order after a failed delivery attempt you are entited to a full refund less the delivery charge. Please note that all deliveries are kerbside deliveries only.

4.4 Delivery dates are approximate and no liability whatsoever is accepted by us in respect of late deliveries. Do not arrange for any installers, kitchen fitters or other work persons to install the items until after they have been delivered and checked for discrepancies and to make sure the item(s) are undamaged.

4.5 If for any reason expected delivery will exceed 14 working days from the date of the receipt of the order the customer will be informed and given the opportunity to cancel the order.

5. Damages and Shortages

5.1 You agree to open all boxes and packaging of items delivered by our courier service, thoroughly check the contents for damage and notify us (within 24 hours) via email at info@hcsupplies.co.uk if there is any damage/shortage. If the packaging of the goods appears damaged on delivery please ensure that this is noted on the delivery note.

5.2 For goods dispatched using a pallet service you agree to check all the goods for any damage. Any products damaged in transit must be noted at the time of delivery and documented on the delivery note. We will not accept any claims for damaged goods in transit that were signed for as being in good condition but subsequently found to be damaged when checked after the initial delivery.

5.3 Worktops need to be checked on delivery and refused if any damage is found to be present.

5.4 If part of an order is damaged on delivery, please accept all of the order but make a clear note on the delivery note about which item(s) are damaged. Notify us within 24 hours and we will arrange collection of the damaged item(s) and delivery of the replacement item(s). Do not refuse delivery unless all items are damaged.

5.5 If you appoint someone else to receive and sign for the goods on your behalf, you agree to advise them that the goods must be checked and you as the customer accept full responsibility for any damage or losses if they sign on your behalf without properly checking the goods.

5.6 We cannot accept or even consider any claims for damages or shortages if we are not informed of such within 24 hours after the delivery has been accepted by you the customer.

5.7 As the customer you accept full responsibility for any loss or damage to the goods once signed for.

Worktop woes 😭 What are my rights?

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