Internet purchase, delivered damaged, company refuses refund

pinksprout

Hi,

I recently bought a large number of building materials and fittings from various websites to carry out some major refurbishments to my property. Many items were delivered within a short space of time and stored due to lack of space, in time for the builder to start. However, we experienced a delay in the start date of some 6 weeks.

When the the job finally started, one item, an acrylic bath, was unpacked and found to be unusable due to serious scratches and dents on the inside face, as though a second bath had been stacked inside it and caused the scratches. The bath had arrived very well packaged on its' own pallet and wrapped in several layers of protective film.

Because the job had started and time was ticking by (the builder did not want incur further delay of course) I hurriedly contacted the company to arrange a refund and source a new bath at short notice. I was advised on the phone that I would need to order a new bath for expedience and then sort out the refund for the original bath separately. The new bath arrived intact and was installed.

When I wrote to request a refund for the original bath the company replied with a letter stating that they cannot accept claims for a refund because the bath was not fully inspected at the time of delivery. They also stated that they have no record (ie paper-based audit trail) of the conversation I'm alleged to have had with them regarding the possibility of a refund and of course because it was purely verbal there is no paper trail.

I am about to send them a second letter with photos of the damage, disputing their position. I feel that because the damage could not have occurred in transit then the item must have left their premises in a damaged state. The scratches are all on the inside of the bath which is not the sort of damage normally associated with transporting large, well packaged items of this sort.

Can anyone tell me whether I have a reasonable case to take this further, given the nature of the damage to the bath and the elapsed time since delivery?

may thanks
pinksprout

jimkenyon

DSR allow you to reject the goods up to seven days after delivery for any reason. The onus must be on you to inspect them during that time. As for the damage the company could claim that the bath was sent in pristine condition and suffered damage on your building site - can you prove otherwise?

Butlers1982

As for the damage the company could claim that the bath was sent in pristine condition and suffered damage on your building site - can you prove otherwise

i agree with you

pinksprout

Thanks for those replies. I can of course vouch for the fact that the damage was there when we opened the bath and so can my builder and plumber. The damage is consistent with having a second, identical shaped bath stacked inside it and I only ordered one bath. The bath was attached vertically to its' own individual pallet during transit so it was not stacked in the truck.

I do also concur that, with hindsight, the bath should have been inspected immediately but it wasn't.

The DSR does state that items which are found to be faulty can be rejected at a later stage than delivery (for example a set of skis delivered in summertime will not necessarily be found to be faulty until they are used in winter) so I was trying to gauge opinion, legal or anecdotal, on where I might stand.

many thanks

maryotuam

Something I've been advised to do is write not checked when signing for a heavily packaged item. Common sense dictates that we can't make delivery men stand and wait for ages whilst we properly inspect every delivery. You have my sympathy and I hope someone comes along who is knowledgeable about your rights.

If nothing else were possible, could you take the company to the small claims court?

pinksprout

>>
If nothing else were possible, could you take the company to the small claims court?
>>

I'll see what comes of sending them pictures of the damage with my next letter. Maybe the small claims court could be an option if nothing gives.

pendulum

Getting major deja vu on this thread - I swear someone had an almost identical problem with a bath some months ago. Anyone else remember?

Hintza

pendulum wrote: »

Getting major deja vu on this thread - I swear someone had an almost identical problem with a bath some months ago. Anyone else remember?

Vaguely.

OP you should really check items on delivery. Personally I think you are at fault here just purely from the fact that the seller can't be held responsible indefinitely.

I guess no harm in trying with some photos and a begging letter.

pinksprout

Yes yes I know the bath should have been fully unwrapped and inspected within 7 days of delivery but, at the time, we had a high volume of items being delivered each day and the work was due to start at the beginning of the following week when the items would have been unpacked anyway. Unfortunately, our builder was unexpectedly taken ill two days before the start date and the work was shelved. When we were notified of the delayed start date we had already (since the bath was delivered) taken further deliveries including four crates of tiles and other large items and couldn't even see the bath at the back of the garage any more let alone unpackage it. Yeah, yeah useless excuses I know. So hands up I am undoubtedly guilty of the crime of oversight, that said however, the supplier is at fault too for despatching a damaged item.

If anyone can help me establish my legal position I would be very grateful.

Many thanks.

jimkenyon

pinksprout wrote: »

The DSR does state that items which are found to be faulty can be rejected at a later stage than delivery (for example a set of skis delivered in summertime will not necessarily be found to be faulty until they are used in winter) so I was trying to gauge opinion, legal or anecdotal, on where I might stand.

many thanks

I think that you will find that the DSR refers to faults that arise later - not visual defects that should have been discovered at the time of delivery.

Your only recourse is the suppliers good will.

isplumm

pinksprout wrote: »

Yes yes I know the bath should have been fully unwrapped and inspected within 7 days of delivery but, at the time, we had a high volume of items being delivered each day and the work was due to start at the beginning of the following week when the items would have been unpacked anyway. Unfortunately, our builder was unexpectedly taken ill two days before the start date and the work was shelved. When we were notified of the delayed start date we had already (since the bath was delivered) taken further deliveries including four crates of tiles and other large items and couldn't even see the bath at the back of the garage any more let alone unpackage it. Yeah, yeah useless excuses I know. So hands up I am undoubtedly guilty of the crime of oversight, that said however, the supplier is at fault too for despatching a damaged item.

If anyone can help me establish my legal position I would be very grateful.

Many thanks.

Hi,

I'm not going to agree with other posters here ... you have a reasonable time to reject goods ... of course what is reasonable?? As to the company saying that you should have checked the goods on delivery .... they are having a laugh ... they know that no delivery company will want to wait while you check the goods ... I actually think that 6 weeks is reasonable ... especially when fitting a new bathroom ....

Did you take names of the people you spoke to?

Mark