damaged goods in transit - refund advice please!

Louby77

Hello
I purchased tiles online and they were delivered on Monday. On inspecting them yesterday, I found that 2 whole boxes of tiles were broken in the corner (this wasn't obvious on delivery as the box had an open top and they looked complete). I emailed today to complain and was told that their terms and conditions state that damaged goods must be highlighted within 48 hours, and I would therefore not be entitled to a refund. I paid an extortionate amount to get the tiles delivered (Im only in Scotland and on a pretty major transport route!), I also had no communication about the delivery and therefore did not know what time they would be delivered to be in to inspect the tiles when they arrived.

Can someone please advise what my rights are for this? I offered for the company to refund me for the damaged tiles, rather than have them pay for the cost of re-posting back down to them (which would be £50 if I charged them the same as they charged me!). I requested someone call me back (which they haven't yet, and they are only contactable by email) but I would like to be armed with my rights and advice from you people in the know so I can argue my point (unless their terms and conditions mean I cant pursue this )

thanks for your help...

unholyangel

They cant stipulate 48 hours. They can ask that you report it to them within a reasonable time, but cannot set specific limits because Sale of Goods Act gives you a reasonable time to inspect the goods to see whether they conform to contract. What is a reasonable time depends on a range of factors - for instance buying a lawnmower in winter, it may be that reasonable time would be extended to summer.

2.4.3 Prompt notification of complaints is desirable because it encourages
successful resolution and is therefore to be encouraged. But taking away all
rights to redress is liable to be considered an over-severe sanction for this
purpose. Where goods are supplied, use of such a term is legally incapable
of producing that effect and may amount to an offence, because it serves
to restrict the consumer's statutory rights

Above is a quote from OFTs unfair contract terms in regards to time limits on claims. Below are terms that companies have had that breach this and OFT have made them change the term as a result.

Original term
… the Customer shall … give Maples written notice of such loss or
damage with reasonable particulars thereof within 3 days of receipt of the
Goods.
Action taken
New term: … You must tell us about any fault or damage as soon as is
reasonably possible.
Original term
Faulty goods will be exchanged if returned or notified within 7 days from
the date of invoice and returned in original, clean and full packaging.
Action taken
Term deleted.

Somehow I think if 7 days isnt allowed, 48 hours wont be either