'Free' Item Delivered Damaged: Legal Rights?

Mistymaid

You've got a point Pedant - but what if the next one turns up bashed?

I'd been miffed about the goodwill gesture thing as well though. Probably would write back and say they are mistaken and are making a promotional offer (please see your own website) and the goods should be in reasonable condition. Since they have the contract with the courier and the item was damaged in transit, it is their responsibility to provide the buyer with a replacement and make their own claim against the courier.

I'd also say I realise it is a hassle for both sides but these things do happen and it is, in law, their responsibility to sort it out.

... or just buy summat else and get another 'goodwill' tin!

Fire_Fox

The_Pedant wrote: »

It's a tempting compromise they offer though, order anything and they'll send the replacement.

Is there nothing else you want from the site?

Seems like an easy option, rather than trying to argue a case which may take a protracted fight to win.

I'd have to spend £29 to get free delivery again; I could order something small but it's £4 delivery on top which, again, means the bin isn't free. I'm also not inclined to give Pet Planet any more of my money! There's no guarantee the next bin wouldn't be damaged - while doing the screenshot I noticed this is not an isolated case ... they can easily claim the cost back off the courier as it is noted in writing that the box was damaged.

dmg24

Turn it round on them FF - ask them, if you had received a perfect tin, and wanted to return the food, would they have expected you to return the tin?

If they say that you could have kept it because the tin was 'free', then order every item on their website that comes with a free gift, and return all the items, keeping the free gifts (selling them on via ebay to recoup your costs)!

Fire_Fox

dmg24 wrote: »

Turn it round on them FF - ask them, if you had received a perfect tin, and wanted to return the food, would they have expected you to return the tin?

If they say that you could have kept it because the tin was 'free', then order every item on their website that comes with a free gift, and return all the items, keeping the free gifts (selling them on via ebay to recoup your costs)!

That's an excellent idea if it wasn't for the fact to return something unwanted (rather than faulty in some way) you would have to pay postage and the freebies all seem to come with either very heavy or very bulky items.

I'm off sick at the moment so I have way too much time on my hands I've asked for the name and address of the supervisor's senior .... all opinions welcome tho!

Fire_Fox

It's only fair that I update this thread - another snotty e-mail this morning, including a third refusal to supply the same and address of a senior member of staff. I was just debating contact Trading Standards about the false advertising on the website (it's the principle!) when ... the phone rang and it was Denise from Pet Planet apologising profusely - my guess is they have seen my post either here or on Purrsinourhearts forums. Denise readily agreed to take back the dry food AND supply a replacement bin which is more than I initially expected. Will update in a few days once I check my refund has cleared!