Goods damaged in transit

Moe09

Does anyone know what my rights are if I received goods that I think have been damaged during transit? I ordered a bed from a showroom that had been on display. I carefully checked it for any faults with the salesman before we paid for it. The bed was on sale because the shop needed to restock their warehouse and were sellling off certain models.

I noticed a slight gap in the wood and the salesman said he would fill it with some wax, so he knew I had paid attention to the quality of the bed in the shop and he had checked it with me.

We paid for the bed last Thursday (unfortunately with a debit card not a credit card) and it was delivered yesterday at 5pm. The delivery men leaned the foot board against the wall so that I couldn't see one side of it. The men were in a rush and I signed the delivery sheet without unwrapping the bed and checking for damage first - as the unwrapping takes about 20mins minimum. As far as I know the delivery sheet did not say 'delivered in good condition' anywhere on it but the invoice from the shop says 'sold as seen', which I took to mean sold as seen in the shop.

The bed is extremely heavy and each of four parts were wrapped so I did not see damage at first. But after the men left I checked the footboard on the side I hadn't seen when they delivered it and found a bad hole and bashed rail where it looked like the part had fallen heavily on one side and the very strong oak wood had been gouged/impaled on something. I noticed that the packaging is also damaged with a hole and tear through to the wood, so it had obviously been damaged since it had been wrapped at the shop the day before. There is also a dent in the headboard packaging which I have not yet unwrapped but fear is in the same condition. I have asked the shop salesman to come and check the damage today at our house. He said that he spoke to the delivery men who of course deny any knowledge of damage in transit and they said they'd lain the bed on top of a mattress for protection in the van. But I saw that there was nothing left in the back of the van when they departed and know that is not true.

We would like either a large amount of compensation for the damage as the bed has lost a lot of value to us, or a full refund and for them to take the bed back without charge.

I would be very grateful if anyone knows what my consumer rights are regarding this?

arcon5

Legally you could reject the goods under the sales of goods act and claim a full refund. 'Not of satisfactory quality' or 'not as described'. Although I can see problems arising if they say the damage was there on purchase, hence the sold as seen. So make you you photograph the damaged packaging.

If you willing to accept a partial-refund to reflect the damage I would start with that. They may jump at the chance of buying you off to avoid further costs. You would do have to be realistic in your demands.

How much was the bed?

Moe09

Thanks Arcon5. I have just checked the invoice which says 'sold as seen at shop' so that might be better than just sold as seen. The bed was £299 (apparently reduced from £600+). The salesman has just been around and seen the damage.

He said 'we're all human, sometimes mistakes happen and maybe the bed fell onto the metal rail which pierced the wood' which I took to mean he agrees that the damage has been done during delivery.

He's going to see what the management say when he gets back to the shop and call me tomorrow but I could tell he thought the damage was bad.

We have said they can try and make us an offer of compensation but if this can't be agreed, then to refund us in full and collect asap. Even though the bed wasn't a high price to begin with, I still wouldn't have paid it with the damage it has now.

Moe09

p.s. I have photographed the damage and the damaged packaging too.

Moe09

p.p.s. the salesman also said, 'perhaps the van went over a speed bump and the bed fell onto the metal rail', which I also took to imply he agrees the damage happened during delivery. My husband also heard the salesman say this.

arcon5

They have accepted liability for the damage, so thats a good result so far!

How significant is the damage to look at and does it affect your ability to use the product? The level of compensation would depend on that really.