Delivery of damaged goods - no refund?

millysg1

We ordered some new wood flooring online. They were delivered on Friday, we signed the delivery note and then went about inspecting the large pallet of wood. The driver left and then we found the bottom ones were all damaged. We immediately called the manufacturers and explained, sent photos and wrote up everything that had happened in the previous couple of hours. This was first explained over the phone and followed up by email and by post.

There response has been that in their T&Cs, at the bottom of all emails, it recommends an inspection at delivery and to note all damage. We signed to accept delivery but we didn't realize we were signing to say good condition.

Even though we told them over the phone within 30 mins of delivery about the damage they refuse to replace or refund. Ive quoted the Sales of Goods Act 1979 but still they say we signed at delivery, therefore, nothing they can do.

As I've said, we have put this all in writing and have posted and emailed all of it to them but they still say there is nothing they can do.

what should we do next? do we have rights to a refund as we signed on delivery?

We spent £1200 on this wood and has caused a lot of stress an upset to a pregnant lady and delays in a large house renovation project.

Please help!

Cycrow

how did you order/pay ?
assuming it was done a distance, you could return it for a full refund within 14 days.

however, signing for a delivery does not remove your rights for a remedy or to reject the goods for a full refund. You cant be expected to fully inspect all the goods on the doorstep

if you are quoting the SOGA, make sure you're quoting the correct bits.

if they dont budge then it might have to goto court, but a letter before action might make them sort it out

marliepanda

you have a good case so dont start bringing in your upset pregnant woman. Her gestating state is irrelevant.

millysg1

marliepanda wrote: »

you have a good case so dont start bringing in your upset pregnant woman. Her gestating state is irrelevant.

We haven't! Not to the manufacturers anyway.

Thank you! its good to know we have a strong case.

millysg1

Cycrow wrote: »

how did you order/pay ?
assuming it was done a distance, you could return it for a full refund within 14 days.

however, signing for a delivery does not remove your rights for a remedy or to reject the goods for a full refund. You cant be expected to fully inspect all the goods on the doorstep

if you are quoting the SOGA, make sure you're quoting the correct bits.

if they dont budge then it might have to goto court, but a letter before action might make them sort it out

By Credit Card, so my back up if I don't get anywhere is to get a refund through them but never done that before so not sure how that all works either.

At the moment im just saying "that according the to Sales of Goods Act 1979" we have a right to a refund within 14 days.

Today I have quoted line from both the Citizens Advice and Trading Standards website that say even if we signed a delivery note saying we accept the items we still have a right to refund. Im waiting to hear back.

I have also told them today that if no refund and replacement is agreed, I will be speaking with citizens advice, trading standards and, if necessary, I will then go to a small claims court.

millysg1

they have just emailed a copy of the delivery note. All it says is

"Unless otherwise stated the signature confirms that the pallet have been delivered in a satisfactory condition and free from any visible sign of damage".

bod1467

Their delivery note could say "By signing this note the recipient agrees to serve up their first born child for ritual sacrifice" ... doesn't make it legally enforceable, does it?

In fact I seem to recall that having such a term (inspection, not ritual sacrifice ) on a delivery note is specifically mentioned as an unenforceable term of contract and so a breach of the Unfair Terms in Consumer Contract Regulations.

A consumer is allowed a "reasonable period" in which to inspect goods and confirm they conform to contract. (i.e. for "acceptance" to happen).

If the seller continues to be awkward then simply go the Section 75 route with your credit card provider. See the S75 article on MSE.

millysg1

bod1467 wrote: »

Their delivery note could say "By signing this note the recipient agrees to serve up their first born child for ritual sacrifice" ... doesn't make it legally enforceable, does it?

In fact I seem to recall that having such a term (inspection, not ritual sacrifice ) on a delivery note is specifically mentioned as an unenforceable term of contract and so a breach of the Unfair Terms in Consumer Contract Regulations.

A consumer is allowed a "reasonable period" in which to inspect goods and confirm they conform to contract. (i.e. for "acceptance" to happen).

If the seller continues to be awkward then simply go the Section 75 route with your credit card provider. See the S75 article on MSE.

thank you for your advice!

visidigi

millysg1 wrote: »

free from any visible sign of damage".

Was the damage visible without touching the pallet?

System

"Unless otherwise stated the signature confirms that the pallet have been delivered in a satisfactory condition and free from any visible sign of damage".

we found the bottom ones were all damaged

Presumably the wood on the bottom of the pallet wasn't visible until you removed the rest of it?

millysg1

visidigi wrote: »

Was the damage visible without touching the pallet?

No, not at all. It was the bottom packs that had been damaged from underneath. so we had to unload all the top ones before we got to the damaged ones.