damaged cooker extractor

rachbc

we've just had a cooker extractor delivered and its been dropped at some point - the delivery man legged it before dh had a chance to check it and now Boots Appliances are saying we have to take because he's signed for it. My understanding is that under Distance Selling Regs we have 7 days from recieving the good to cancel, even if the item is fine, let alone if its damaged. Who's right, them or us?

Halloway

You are covered by DSR if you order the item online or over the phone. However I would say that this need not apply here as the item is damaged. It is irrelevant whether you have signed for the item or not, it has been delivered damaged, a fact that may not have been evident when the item was first delivered. As long as you inform Boots of the damage in a timely fashion (as you seem to have done) then you are covered by SOGA.

bingo_bango

I would agree with Halloway that this is a SoGA issue rather than DSR. Judges generally no longer accept that a signature on delivery is sufficient for acceptance of the goods, as they are well aware of delivery men legging it to get their rounds finished early.

As you haven't yet legally accepted the goods, stand firm and demand that the contract is rescinded with a full refund.