refusal to refund damaged item

rxh82

Hi,

My first post so be gentle

We bought a metal splashback online and it was delivered without any problems at all (relatively speaking!). I'm 8 months pregnant so it's a bit big for me to open to look at so signed for it and waited for my husband to get back. On opening it there were two really big dents in the edge where the packaging didn't cover and two scratches in the side. I sent an email back to the person who sent me the original quote (it wasn't standard size) and she wrote back to say that the item was signed for in good condition - could I send pictures of the damage, which I did. That was the last time I heard from her. I forwarded the emails to the sales address and someone else got back to me. After a couple of too and fro emails he asked if I would accept a partial refund which we said we would (because we could try and straighten out the dents and ignore the scratches and not lose too much money if it didn't work out - plus imminent baby does tend to shorten timescales a bit. after waiting a few days we got another email back asking for more pictures of the damage. Thereafter I told them they had until the end of the day to confirm the partial refund or provide a full refund and arrange pickup of the damaged item. No reply. What can I do now? I live in scotland and they are in England. Obviously I can write to warn other people against using this company but it doesn't help us. It cost just under £100.
I get the feeling that they think I'm trying to scam them or something but it's damaged and I originally said I want a replacement. Now I want a refund because I don't want to deal with them any longer. We've ordered purpose made goods before and those companies replaced the item with no issue.

9_inch

They should change it if it isn't fit for purpose.

soolin

How did you pay?

bod1467

I can't point you directly to the specific section, but I'm sure consumer legislation says that any term that says a consumer is signing to accept the condition of goods (without being given proper opportunity to inspect the goods) cannot be bound by that term.

Regardless, the Sale of Goods Act still applies.

http://sogahub.tradingstandards.gov.uk/sogaexplained

rxh82

I paid by dd. I have told them that I am entitled to either a replacement (as first requested) or a full refund but what can I do if they are just ignoring my communications now?

19lottie82

rxh82 wrote: »

I paid by dd.

What do you mean you paid by DD? I take it this stands for Direct Debit, but this is only really used for variable regular payments, not one off purchases. Do you mean you paid by bank transfer?

rxh82

Err. Baby brain is real! I meant DC debit card!

bod1467

You could look at doing a chargeback (http://www.moneysavingexpert.com/shopping/visa-mastercard-chargeback) if they won't play ball.

rxh82

That does sound like it could be a way forward. I was starting to think that we'd be forced into small claims court or something which just seems complex given the differences in locations and laws!
thank you very much for your advice.

unholyangel

bod1467 wrote: »

I can't point you directly to the specific section, but I'm sure consumer legislation says that any term that says a consumer is signing to accept the condition of goods (without being given proper opportunity to inspect the goods) cannot be bound by that term.

Regardless, the Sale of Goods Act still applies.

http://sogahub.tradingstandards.gov.uk/sogaexplained

unfair terms in consumer contracts.

But regardless, as you say, soga still applies and soga specifically states that:

(2)Where goods are delivered to the buyer, and he has not previously examined them, he is not deemed to have accepted them under subsection (1) above until he has had a reasonable opportunity of examining them for the purpose—
(a)of ascertaining whether they are in conformity with the contract, and
(b)in the case of a contract for sale by sample, of comparing the bulk with the sample.
(3)Where the buyer deals as consumer or (in Scotland) the contract of sale is a consumer contract, the buyer cannot lose his right to rely on subsection (2) above by agreement, waiver or otherwise.

nja1986

Hi, I could really use your advice. I bought a dress from an online retailer, it arrived with a hole in and the measurements were not as described. The company are refusing to give me a refund as the item is supposedly made to order. I have been offered a repair for the hole at my expense of sending the item back however I'd prefer a refund, am I entitled to a refund or is a repair all I can get? I received the item 2 calendar days ago. Many thanks