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Terms and conditions

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I have purchased goods online which have arrived damaged. I notified the company within 4 working days to be told that as I didn't notify them within 24 hours as per their t's & c's I am unable to return for a refund. I have checked their t's & c's and this is not stated. They are now saying that the t's & c's state that as the goods have been ordered by a school they will not refund as they may have been ordered specifically - the goods are freely available on their website. Under the consumer contract regulations can I disregard their t's & c's and use the legislation to return the goods for refund?

Comments

  • JJ_Egan
    JJ_Egan Posts: 20,281 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Who was the buyer a private individual or a business .
    A school would be classed as a business and regulations are not the same and would depend upon the contract and the terms and conditions .
  • The goods have been purchased from a business. Does the school have rights under any regulations. The damage was reported within 4 working days?
  • marliepanda
    marliepanda Posts: 7,186 Forumite
    Sandycater wrote: »
    The goods have been purchased from a business. Does the school have rights under any regulations. The damage was reported within 4 working days?

    No, who have you bought it for? If a school has bought it, I'm not 100% but a school is not a consumer and I guess would be considered a 'business' more than a consumer.

    You say both 'I' bought it, an individual, and 'a school' bought it. Who bought it, you, or your on behalf of a school using a schools business account?
  • It was purchased by the school for the school, the 'I' was misleading, sorry.
  • ThumbRemote
    ThumbRemote Posts: 4,727 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Irrespective of whether it was a consumer or business sale, if the T&Cs don't contain a time limit they can't just make one up afterwards.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    It doesn't matter whether the purchaser is a consumer of not.

    Section 35 of the Sale of Goods Act allows a buyer a reasonable time to confirm that the goods conform to contract.

    That 'reasonable time' is not defined and could vary depending on many things, including what was actually bought.
  • Thank you, this link is very useful. :j hope I can get a good outcome for the school.
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