Damaged item delivered by courier, retailer not helping

help_needed_please

Hi

hope you can help, I took delivery of an item on wednesday and opened it today to find it is broken. i have spoke to the online retailer who i ordered from online and they have said their terms say i have to report a damaged item within 24hrs of receipt so they can claim off their courier, is this true?

they are saying they won't refund or even replace as i have had the item a few days and it could have been broken by me

where do i stand please guys?

bod1467

What is the item? Why did you leave it 5-6 days before opening the package?

The law gives you "reasonable time" to inspect the goods before they are deemed to have been "accepted". (The item type and the reason for delaying opening may influence the "acceptance" angle).

Regardless of acceptance, if it is broken (i.e. faulty) then the law also says that within the first 6 months the fault is deemed to be inherent, so the retailer must offer a remedy (repair, replace, refund).

ThumbRemote

Mylo_The_Moggy wrote: »

It took you nearly a week before you opened the package????

So what if it did? Presumably OP didn't need it earlier.

dodger1

OP just look here for the correct information,

http://www.which.co.uk/consumer-rights/regulation/distance-selling-regulations

MothballsWallet

Just throwing out some ideas here:

Mylo_The_Moggy wrote: »

It took you nearly a week before you opened the package????

Perhaps they had to go to hospital for a few days?

Perhaps they were on holiday?

bod1467

dodger1 wrote: »

OP just look here for the correct information,

http://www.which.co.uk/consumer-rights/regulation/distance-selling-regulations

OP - do NOT look there ... the Which? advice is flawed in places. The link in my first reply is to the Trading Standards website and has the correct info.