Damaged Microwave

schrodinga

Looking for some advice....

I purchased a microwave online using a debit card for new tenants at our flat. It was delivered to our address, as the tenants hadn't move in and we didn't open the package on delivery. Instead we simply took the packaged box to the flat to allow the tenants to open and use as new.

Tenants opened the box yesterday, only to find that the microwave is damaged. The door doesn't close property due to a dent.

On hindsight there was a bit of damage to the box, which was there on delivery. However we didn't think anything of this as assumed the microwaved would be surrounded by protective styrofoam.

Now on checking the website we bought the microwave from, it states that all items must be inspected within two days of receipt or no damage or faulty returns would be accepted. I've put in a claim form, but now really worried they won't give us an exchange which is all we want. It cost over £150, and really don't want to be another £150 for a new one! What are my rights in this situation?

irishjohn

How long did you take after delivery to open and check the oven?

schrodinga

Probably about week, definitely not over two weeks.

Looksguywalker

You need to be careful. It does look as though this is a business to business transaction and 'your rights' may therefore be restricted.

irishjohn

Oh dear - well even a week is more than 3 times the period given. Difficult one - as its not just a case of the oven having a fault and not operating. I don't know what the legalities are but as you did not check within the time specified you are very much relying on the good will of the seller.

£150 is a high amount of money for a microwave oven for a tenant. If you are unable to obtain an exchange - is it fixable? Could something be done to make the door close?

schrodinga

I didn't realise there was a specified period to check the item in, so only found that out when looking to return. It wasnt something that was stated up front before purchasing...

elsien

I can't help with the legalities of returning damaged goods, (although 2 days does seem restrictive when the distance selling regs give you 7 days to change your mind and they might be on dodgy grounds with this.)
You might want to try phoning the citizens advice consumer service http://www.oft.gov.uk/consumer-advice/CAB-overview
to check where you stand as I think with damaged goods the sale of goods act still applies.

However in the worst case scenario you "might" be able to do a chargeback. it's not the section 75 scheme as you didn't use a credit card, but there's a similar thing for visa debit that might be worth a look at this towards the bottom of the page. It's not a legal requirement, but still worth a try.
http://www.moneysavingexpert.com/shopping/visa-mastercard-chargeback

And if you're spending over £100 maybe consider paying by credit card next time if you can -it does give you that bit of extra protection.


Edit - they certainly can't say they don't accept faulty goods back unless it's within 2 days, so they do sound a bit as if they're making it up as they go along. What's the exact wording?

Slowhand

As Looksguywalker says this may not be a consumer rights issue. It looks like a business to business transaction.

unholyangel

And SoGA still applies to B2B transactions btw.......although it is possible to contract out of certain rights/responsibilities.

Hintza

Perhaps the tenants dropped it?

The company will probably not be very sympathetic that goods were not inspected for damage on delivery.

pmduk

schrodinga wrote: »

I didn't realise there was a specified period to check the item in, so only found that out when looking to return. It wasnt something that was stated up front before purchasing...

Oh but it was, you found it yourself on the website

schrodinga wrote: »

Now on checking the website we bought the microwave from, it states that all items must be inspected within two days of receipt or no damage or faulty returns would be accepted.

You're going to have to persuade them that your actions for not checking it were reasonable.