Damaged goods but not discovered for several months

MSM78

Hi All

Bit of a stupid situation I know but wondering if I actually do have any rights in my situation.

I ordered goods from a furniture store and as my order was over a certain amount I qualified for an offer of a free mirror (£300 rrp)

This was back in July and as we had just moved home putting the mirror up has not high on the list of priorities!

Yes, I'm stupid I should have checked it earlier but you guessed it, it's broken.

As far as I'm concerned it was delivered this way. The mirror hasn't moved since delivery and it's been left boxed in our dining room undisturbed. I've only opened it enough to see it's broken and all packaging remains intact.

I've emailed the company who've said they can't do anything and that their policy is all goods must be checked within 7 days. They have their own delivery service so there is no independent courier involved.

I paid for this via credit card.

Do I have any hopes of sorting this or should I let it go?

Thanks

agrinnall

You would have a claim under SOGA, but I think the company could (and from the sound of it probably would) reject it because of the length of time that's passed and the lack of evidence that it was broken at the time of delivery. I can't see how the credit card company can help because the cost of the mirror was zero.

bod1467

Technically as it is less than 6 months since "purchase" (I presume) then it is for the retailer to prove that you damaged it, not for you to prove you didn't.

Get back on to them and remind them of their obligations under the Sale of Goods Act. http://sogahub.tradingstandards.gov.uk/sogaexplained

MSM78

Hi All

Thanks for all the replies, I'm really very grateful.

This is very interesting and it would be nice to think there is some comeback in circumstances such as these, as it was definitely delivered broken.

Just to clarify the mention of using the credit card for payment, the order was for over £1300 but the mirror was a spend over £1000 get it free etc.

It would be fair to say the mirror very much formed part of the total order rather than a free gift and it certainly influenced my decision to buy from them rather than a competitor.

How would you suggest I approach structuring my next communication with them. I have legal expenses cover through work who I suppose I could speak to, do you think is worth doing so in the first instance?

I'm quite disappointed in their stance really. I'll bet I'm not the first person to have damaged goods delivered.

The reply I got was

Hello There ****

I am very sorry to hear that you mirror was cracked after opening it. I am really sorry to say that we would not be able to replace the item for you.

At *********** we are very strict on our 7 day checking policy. Unfortunately, after 3 months from delivery we would not be able to service and item that was not checked at time of delivery.

I really do apologize that i could not give you the answer you were looking for today, however there is no way we can viably get this problem sorted for you in line with our policies.

Any problems please give us a call on *********, pressing option * and option * again.

Kind Regards
************
Service Case Manager

bris

bod1467 wrote: »

Technically as it is less than 6 months since "purchase" (I presume) then it is for the retailer to prove that you damaged it, not for you to prove you didn't.

Get back on to them and remind them of their obligations under the Sale of Goods Act. http://sogahub.tradingstandards.gov.uk/sogaexplained

A break in the mirror several months down the line is the proof they need to reject the claim.

Several months have passed so you clearly accepted the mirror, the damage will now be seen as self inflicted and no reasonable person (the judge) will see it any different.

Regardless of time to put it up etc you should have still checked it, you can't blame them for rejecting your claim.

earthstorm

MSM78 wrote: »

The mirror hasn't moved since delivery and it's been left boxed in our dining room undisturbed.

so it has never been moved/disturbed to vacuum or clean the room, been nudged by a pet/child or even an adult or knocked while moving other furniture.

alun4

It's a lesson. Next time check but this time ... let it go. Retailers have a third party right with their suppliers if there is fault. What chance would you give the retailer with their supplier in the circumstances you describe?

MSM78

Ok, differing opinions now!

Nope, it's not moved since delivery, been banged, dropped or touched. It's massive 1500x800 solid oak mirror and has been rested up against the wall in our dining room.

If I thought for a second it had been damaged in our home it wouldn't be an issue.

I accept I should have checked it. I wasn't able to check it in good time so it just got left until now, more important things going on. Didn't think it would be broken but it is.

I'm not going to lose sleep over it, disappointed and annoyed to receive damaged goods, but was just wondering where I stood.

Fosterdog

How many of you actually live there? Any children? Any visitors at all in the last three months?

All you know for certain is that you haven't personally damaged it, unless you have been sat watching it 24/7 since it was delivered you are taking the word of other people that they haven't damaged it but you can't be certain.

Anything that is easily breakable like a mirror should be checked ASAP after delivery. I'm surprised you couldn't hear the sound of broken glass grinding on broken glass when it was delivered.

ThumbRemote

Fosterdog wrote: »

How many of you actually live there? Any children? Any visitors at all in the last three months?

All you know for certain is that you haven't personally damaged it, unless you have been sat watching it 24/7 since it was delivered you are taking the word of other people that they haven't damaged it but you can't be certain.

Anything that is easily breakable like a mirror should be checked ASAP after delivery. I'm surprised you couldn't hear the sound of broken glass grinding on broken glass when it was delivered.

Using this slightly peculiar logic you'd have no claim against a retailer if you let something go out of your sight for any period between delivery and opening.

It's almost certain that it was damaged during delivery. The only question is whether the OP has rights after such a long period. Posting bizarre hypotheses doesn't really add to the discussion.

And how on earth would you hear broken glass grinding?

Fosterdog

Not peculiar logic at all, if the OP isn't the only person in the house then anything could have happened to it in three months. Of course anything can happen if you leave the room for 30 seconds when it has just been delivered but it would still be within a reasonable time to inspect it. Three months to inspect an item containing glass when all the other furniture as part of the same order has already been opened and inspected is unreasonable in my opinion. If it goes far enough it is only the judges opinion that will matter but.

It's not almost certain it was damaged during delivery, you don't know that OP doesn't have ten kids and six dogs running around the house all day causing similar damage. It is just as likely that OP lives alone and the mirror genuinely hasn't been touched since delivery but we don't know that.

As for the grinding, trust me, I broke a mirror during my house move and despite it being well packed the first I knew it was damaged was hearing the edges of the shards rather loudly grinding together while it was being carried, the glass was glued into place otherwise they would have all fallen out instead of grinding and then you would have the sound of loose broken glass pieces jingling against each other. A broken mirror can make a noise, and quite a loud noise at that.