Damaged fireplace not inspected what are my rights?

UndeadCretin

Hi,

I recently purchased a fireplace from stovesareus.co.uk. The fireplace turned up well packed on Monday and my wife signed for it, (no time to inspect as it was fully packed up and the driver would not have waited). Having a busy week at work and a toddler in the house we unpacked it this weekend when we intended to fit it. When unpacked we noticed that the mantle was damaged so naturally i phoned the company to report this. I was then told that they would not replace it and I would have to pay for a new mantle, as I didn't report the damage within 48 hours as stated in their terms and conditions. This is likely to cost around £200 so I am pretty annoyed at this.

In some ways I feel stupid that I didn't inspect it straight away but even so, I think its very unfair that I have to pay out more when the company delivered me damaged goods. The companies terms and conditions are here:

stovesareus.co.uk/catalog/conditions.php

Is there any action I can take to "persuade" them to change their mind or am I stuffed? Are their terms and conditions actually fair?

Many thanks for any advice,

Jamie

stebiz

UndeadCretin wrote: »

Hi,

I recently purchased a fireplace from stovesareus.co.uk. The fireplace turned up well packed on Monday and my wife signed for it, (no time to inspect as it was fully packed up and the driver would not have waited). Having a busy week at work and a toddler in the house we unpacked it this weekend when we intended to fit it. When unpacked we noticed that the mantle was damaged so naturally i phoned the company to report this. I was then told that they would not replace it and I would have to pay for a new mantle, as I didn't report the damage within 48 hours as stated in their terms and conditions. This is likely to cost around £200 so I am pretty annoyed at this.

In some ways I feel stupid that I didn't inspect it straight away but even so, I think its very unfair that I have to pay out more when the company delivered me damaged goods. The companies terms and conditions are here:

stovesareus.co.uk/catalog/conditions.php

Is there any action I can take to "persuade" them to change their mind or am I stuffed? Are their terms and conditions actually fair?

Many thanks for any advice,

Jamie

Hi Jamie,

I would say you are stuffed.

I know it okay to say in hindsight, but always sign and write 'received but not inspected'. Then that would hold you some sway. It is your word against their word that it was received in that condition.

Littleblue_2

stebiz wrote: »

Hi Jamie,

I would say you are stuffed.

.

For what it's worth, I totally disagree. The good have to be fit for purpose under the Sale of Goods Act and they weren't. For more info on SOGA see here:

http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html

Also you should have rights under the Distance Selling Regs. I'm sure someone who knows more than me will be along to elaborate shortly! :xmassmile

Good luck

LB

custardy

Littleblue wrote: »

For what it's worth, I totally disagree. The good have to be fit for purpose under the Sale of Goods Act and they weren't. For more info on SOGA see here:

http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html

Also you should have rights under the Distance Selling Regs. I'm sure someone who knows more than me will be along to elaborate shortly! :xmassmile

Good luck

LB

distance selling doesnt affect damage by the buyer
given the time elapsed you can see why a company would refuse?
not saying the OP has but looking from both sides you can see the issue