Damaged goods, our consumer rights?

lynsuk

dmg24 wrote: »

It does concern me that a business would not know the difference between themselves and a consumer.

Excuse me? I just don't understand why when a business buys something and it goes wrong, why we wouldn't have any rights...? Thats fair enough isn't it! :eek:

bookworm1363

OlliesDad wrote: »

Are you aware that faulty i different to damaged on arrival.

But if damaged from dispatch/in transit, it still would arrive faulty.

Just out of interest, what is your background? What is your legal knowledge based from?

My background? Not sure that it's relevant, but:
Born and bred in France, university educated in France, living in the UK since 1995, jobs grounded in teaching, retail, customer services (VERY high calibre), psychiatric hospitals, and voluntary help in all aspects of consumer care and rights, special needs, benefits, bank charges, McKenzie friend, litigant in person (never lost a case yet, fingers crossed). For the last 3 + years, I was one of the moderators on the Consumer Action Group (as per my sig) until I stepped down last summer to concentrate on other non-web activities, although I still pop in on both CAG and MSE. My legal knowledge is based on both extensive reading of relevant case law, statutes and regulations on one hand and years of fighting them on the beaches, on the landing grounds, in the fields and in the streets, in the hills, so to speak.

More relevantly, I am quite passionate about consumer rights and the way they are slowly being eroded through misinformation, mainly transmitted through retailers who are already seeing their profit margins being reduced and try to fight this by trying to convince us that the consumer is always wrong.

Tozer

OP has the same rights under the Sale of Goods Act as a consumer would have unless the terms and conditions of the seller excluded them AND it is reasonable to do so.

So the items should be of satisfactory quality.

lynsuk

bookworm1363 wrote: »

But it is not necessarily possible. In the case of a workman on a job, bearing in mind that he has a duty to take all reasonable care with the seller's goods, it would be unreasonable for a buyer to open the goods when he is not going to be able to use them straight away, as there is more of a chance of the goods then getting damaged.

My partner (the builder) has also said this actually. It's all fair and good to be able to check the goods are all there and undamaged when signing for them...but sometimes, it's just not possible. Also, if you could see the parcels! I would like to see a courier hang around for a good ten minutes whilst you attempt to get into a parcel and check it's condition! What a nightmare! It's not like recieving a book or uncomplicated parcel, some things delivered to some sites are huge and complex, and if my partner and his employees are in the middle of laying concrete, he really cannot take time out to go through all the deliveries and check the condition!!

lynsuk

Tozer wrote: »

OP has the same rights under the Sale of Goods Act as a consumer would have unless the terms and conditions of the seller excluded them AND it is reasonable to do so.

So the items should be of satisfactory quality.

I'm so glad to hear other people saying this I thought it was just me thinking how incredibly unfair it would be to not have the same rights! Regardless of whether we are a business, we are still a customer to this company and spending money with them!

The company does not have any t&cs or return policies on any of the emailed invoices or on their website. I did suggest to them that maybe they should rethink this, to avoid any other disputes in the future! What does this mean as a consumer/business customer though? If a business does not have t&cs/return policys?

OlliesDad

lynsuk wrote: »

My partner (the builder) has also said this actually. It's all fair and good to be able to check the goods are all there and undamaged when signing for them...but sometimes, it's just not possible. Also, if you could see the parcels! I would like to see a courier hang around for a good ten minutes whilst you attempt to get into a parcel and check it's condition! What a nightmare! It's not like recieving a book or uncomplicated parcel, some things delivered to some sites are huge and complex, and if my partner and his employees are in the middle of laying concrete, he really cannot take time out to go through all the deliveries and check the condition!!

If you check with their t's and c's it will usually advise a timescale of how long to report damages. This will usually be same day/24 hours/7 days etc. and will usually be in line with the item being delivered.

My background? Not sure that it's relevant

Its just interesting to see what perspective people are viewing the situation from.

OP has the same rights under the Sale of Goods Act as a consumer would have unless the terms and conditions of the seller excluded them AND it is reasonable to do so.

So the items should be of satisfactory quality.

That is very true. Under the SOGA you cannot get an item repaired/replaced/refunded because of damage caused by heavy impact, mususe etc. So if the customer is claiming damage outside of the timescales, this is not covered.

lynsuk

OlliesDad wrote: »

If you check with their t's and c's it will usually advise a timescale of how long to report damages. This will usually be same day/24 hours/7 days etc. and will usually be in line with the item being delivered.

As I said earlier - No T&C's!

OlliesDad

Whats the name of the company? do they have a website?

lynsuk

OlliesDad wrote: »

Whats the name of the company? do they have a website?

wetdecs.co.uk

Tozer

As no terms and conditions of the retailer, SOGA will definitely apply. Providing the damage was present at time of delivery, you have the right to reject.