Internet purchase, delivered damaged, company refuses refund

Leo2020

This might help you, from the Sale of Goods Act. One thing to note though is that the retailer might disagree with you about what it a reasonable amount of time. There is already a disagreement on this thread about what a reasonable time scale is.

Acceptance

(1)The buyer is deemed to have accepted the goods [F1subject to subsection (2) below—
(a)when he intimates to the seller that he has accepted them, or
(b)when the goods have been delivered to him and he does any act in relation to them which is inconsistent with the ownership of the seller.


(2)Where goods are delivered to the buyer, and he has not previously examined them, he is not deemed to have accepted them under subsection (1) above until he has had a reasonable opportunity of examining them for the purpose—
(a)of ascertaining whether they are in conformity with the contract, and
(b)in the case of a contract for sale by sample, of comparing the bulk with the sample.


(3)Where the buyer deals as consumer or (in Scotland) the contract of sale is a consumer contract, the buyer cannot lose his right to rely on subsection (2) above by agreement, waiver or otherwise.


(4)The buyer is also deemed to have accepted the goods when after the lapse of a reasonable time he retains the goods without intimating to the seller that he has rejected them.


(5)The questions that are material in determining for the purposes of subsection (4) above whether a reasonable time has elapsed include whether the buyer has had a reasonable opportunity of examining the goods for the purpose mentioned in subsection (2) above.


(6)The buyer is not by virtue of this section deemed to have accepted the goods merely because—
(a)he asks for, or agrees to, their repair by or under an arrangement with the seller, or
(b)the goods are delivered to another under a sub-sale or other disposition.


(7)Where the contract is for the sale of goods making one or more commercial units, a buyer accepting any goods included in a unit is deemed to have accepted all the goods making the unit; and in this subsection “commercial unit” means a unit division of which would materially impair the value of the goods or the character of the unit.

isplumm

Leo2020 wrote: »

This might help you, from the Sale of Goods Act. One thing to note though is that the retailer might disagree with you about what it a reasonable amount of time. There is already a disagreement on this thread about what a reasonable time scale is.

Acceptance

(1)The buyer is deemed to have accepted the goods [F1subject to subsection (2) below—
(a)when he intimates to the seller that he has accepted them, or
(b)when the goods have been delivered to him and he does any act in relation to them which is inconsistent with the ownership of the seller.


(2)Where goods are delivered to the buyer, and he has not previously examined them, he is not deemed to have accepted them under subsection (1) above until he has had a reasonable opportunity of examining them for the purpose—
(a)of ascertaining whether they are in conformity with the contract, and
(b)in the case of a contract for sale by sample, of comparing the bulk with the sample.


(3)Where the buyer deals as consumer or (in Scotland) the contract of sale is a consumer contract, the buyer cannot lose his right to rely on subsection (2) above by agreement, waiver or otherwise.


(4)The buyer is also deemed to have accepted the goods when after the lapse of a reasonable time he retains the goods without intimating to the seller that he has rejected them.


(5)The questions that are material in determining for the purposes of subsection (4) above whether a reasonable time has elapsed include whether the buyer has had a reasonable opportunity of examining the goods for the purpose mentioned in subsection (2) above.


(6)The buyer is not by virtue of this section deemed to have accepted the goods merely because—
(a)he asks for, or agrees to, their repair by or under an arrangement with the seller, or
(b)the goods are delivered to another under a sub-sale or other disposition.


(7)Where the contract is for the sale of goods making one or more commercial units, a buyer accepting any goods included in a unit is deemed to have accepted all the goods making the unit; and in this subsection “commercial unit” means a unit division of which would materially impair the value of the goods or the character of the unit.

Hi,

You have picked out the relevant section - how long is reasonable when fitting a bathroom ... well 6 weeks seem ok to me ... can the OP prove they called the company & do they know who they spoke to?

Mark

pinksprout

Hi,

I have the invoice from the replacement bath order which was a result of my phone call, so I would have thought that should constitute proof that I actually called them. The content of the call could be debated I suppose as it was not a recorded line, but I do have the name of the person who processed my order, and the name of the customer relations rep.

pinksprout

Thanks for your various replies everyone. Today I've sent a letter with close up photos of the damage to the bath, and a reiteration of the events surrounding delivery and why it was impractical at the time and subsequently, to examine the bath until we actually needed it. I'll let you know how it goes.

many thanks