Achica furniture damaged when unpacked after 2 weeks

Lady_K

I had a chest of drawers from Achica delivered on 28th Jan. Unfortunately this has not been unpacked until today as I have disability issues and could not unpack it myself. Only today has someone been able to unpack it for me and it has turned out to be damaged.

It is clear that it was damaged before being packed because the packaging was not damaged at all so whoever packed it knew they were sending out a faulty chest of drawers. It has either had some very heavy thing fall onto it or it has been dropped from some hieght somehow crushing the top front corner.

I don't know what my rights are with this, I have emailed them yet to receive a reply. I dont have a camera of mobile phone so couldnt send evidence of the damage but I will get someone to do this for me and send that to them as well.

Anothing thing is, if I have to return this it is absolutely impossible to send it back in the original packing because it had to be dismantled to unpack it, there was even wood packing and 3 layers of thick carrdboard plus an outer frame of 3 layers of semi rigid thick polystyrene that had to be cut to pieces and metres and metres of bubble wrap (the only reuseable wrapping), I have never seen any packing like that before. I have to admit it was very well packed indeed but no one could repack it in the original packing.

I think I should have informed them within 48 hours so I don't know what my rights are, I paid by debit card.

irishjohn

how extensive is the damage? is the item useable

visidigi

Virtually zero.

Especially given your complaints about the delivery charges https://forums.moneysavingexpert.com/discussion/4415829 it would have been pretty reasonable to have inspected the item whilst you still had a grievance with them.

Additionally, you say no external packaging damage, then say it was packed extremely well then say you couldn't get it back in the packaging.

Sorry but its your word against theirs and to be quite honest, given the long timing the regulations would side with the retailer.

Lady_K

Its useable yes but it is not something that can be hidden on the front corner, it really spoils it plus it was bought as a matching set and this is the bigger of the drawers. Its a chunk taken off the corner, well its been crushed off somehow. Its hard wood so its took some force to do this.

visidigi

The extent of the damage or its location is of no consequence here.

You had time to inspect the item, there is no external damage to the packaging - they could say it was done during construction. There really is very little I can see them doing for you after all this time.

unholyangel

Under the SoGA, you have a "reasonable time" to inspect the goods to assess whether they conform to contract or not. You cannot sign this right away - they can request you inform them of damage but it cannot overrule your statutory rights.

A reasonable time would be determined by a court but does take into account circumstances (for instance buying winter sporting equipment in summer).

Wait and see what they reply but they may offer a replacement without a fight.

Lady_K

visidigi wrote: »

Virtually zero.

Especially given your complaints about the delivery charges https://forums.moneysavingexpert.com/discussion/4415829 it would have been pretty reasonable to have inspected the item whilst you still had a grievance with them.

Additionally, you say no external packaging damage, then say it was packed extremely well then say you couldn't get it back in the packaging.

Sorry but its your word against theirs and to be quite honest, given the long timing the regulations would side with the retailer.

Of course I wanted to inspect them asap but there was no one to open it up for me until today. He is a fully able bodied man and he struggled.

Yes there was no external packaging damage and the packaging was more than well done to the extent it litterally had to be taken to pieces to unpack it so it was completely not re-usuable at all, there was no other way to do it at all so even though I said it was packed extremely well doesnt mean it can be re-used.

I stand by my complaint about the delivery charges from my thread that you have linked.
I have not updated that thread as yet because I have not received the refund yet.
The outcome of that issue so far is that they agreed they do have flaws with thier delivery system that need to be rectified and have said they will refund me £25.05 overcharge. This was promised within 5 days but did not arrive, emailed again and was promised again withinin another 3 days and so far again this has not arrived in my bank so it is not fully resolved.

Just because I had an issue with a delivery charge does not mean I should not tell them about the damaged drawers.

Lady_K

visidigi wrote: »

The extent of the damage or its location is of no consequence here.

You had time to inspect the item, there is no external damage to the packaging - they could say it was done during construction. There really is very little I can see them doing for you after all this time.

It was ready assembled, big tall heavy chest of drawers. The damage was definitely done before it was packed whatever way it occured.

visidigi

Lady_K wrote: »

Of course I wanted to inspect them asap but there was no one to open it up for me until today. He is a fully able bodied man and he struggled.

Yes there was no external packaging damage and the packaging was more than well done to the extent it litterally had to be taken to pieces to unpack it so it was completely not re-usuable at all, there was no other way to do it at all so even though I said it was packed extremely well doesnt mean it can be re-used.

I stand by my complaint about the delivery charges from my thread that you have linked.
I have not updated that thread as yet because I have not received the refund yet.
The outcome of that issue so far is that they agreed they do have flaws with thier delivery system that need to be rectified and have said they will refund me £25.05 overcharge. This was promised within 5 days but did not arrive, emailed again and was promised again withinin another 3 days and so far again this has not arrived in my bank so it is not fully resolved.

Just because I had an issue with a delivery charge does not mean I should not tell them about the damaged drawers.

So to clarify, you opened one of the chests, but not the other due to your circumstances.

These are the sorts of questions you will need to be able to justify for the retailer to consider...

Lady_K

Sorry can see why you would question that. The smaller chest of drawers was delivered a few days earlier by a different delivery company and my home help was here at my house when it was delivered. That one was fine and I was very happy with it, I really thought the bigger one would turn out to be the same.

Fire_Fox

Lady_K wrote: »

Of course I wanted to inspect them asap but there was no one to open it up for me until today. He is a fully able bodied man and he struggled.

Sorry to sound harsh but your personal circumstances are not the retailer's problem, anyone could say they could not previously unpack or inspect the item when they have damaged it. If it was a washing machine and you'd booked a reputable tradesman to unpack and fit you might be able to prove your claims but not a piece of furniture.

You might have been best to inform them before now you had not been able to unpack and inspect the product, or document the unpacking with a timed, dated camera (even then there is no guarantee the company or court will accept that). Some places also charge extra for their delivery team to unpack, fit and remove packaging.