Sink arrived damaged

stressedbrian

Hey folks,

on the 4th of August we bought a ceramic sink from a large uk company online.

I called before ordering to check stock and timeframe.

On the 5th of August we were emailed to say that it was out of stock and would take some time to get in. I called back and was told they would get it out to us as quick as possible when it was back in stock. Having paid already and now out of time for other options I grudingly agreed!

On the 12th of August my wife had complications with her pregnancy and was taken to hospital. Whilst at hospital that day the courier called me and said they were trying to deliver the sink. He said it would be a pain to redeliver to our rural address and asked if there was anyone closer to their depot it could be delivered to - I gave my work address and explained I wouldnt be there. It was delivered there the next day.

My wife had a very traumatic labour and birth and things are difficult she is only just back home but bed ridden. Roll on to Monday this week and I have a plumber ready to fit the sink which has been the first opportunity.

On opening the box one corner is cracked, I called the supplier and they say that as I reported it outwith the 7 day period they cannot do anything. I have explained the situation and how they delivered it later than I was told - they say the 2-3 day delivery time is just estimated.

Can I do anything or is that it!?

Thanks

unholyangel

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284426/oft311.pdf

2.4.2 The OFT is likely to object to a term that frees the supplier from his
responsibilities towards the consumer where the consumer does not make a
complaint immediately or within an unduly short period of time. This applies
particularly where:
(a) a time limit is so short that ordinary persons could easily miss it
through mere inadvertence, or because of circumstances outside
their control, and
(b) faults for which the supplier is responsible which could only become
apparent after a time limit has expired.

2.4.3 Prompt notification of complaints is desirable because it encourages
successful resolution and is therefore to be encouraged. But taking away all
rights to redress is liable to be considered an over-severe sanction for this
purpose. Where goods are supplied, use of such a term is legally incapable
of producing that effect and may amount to an offence, because it serves
to restrict the consumer's statutory rights – see paragraph 2.1.1.

2.4.4 Any fault found in goods within six months of the date of sale is assumed to
be the supplier's responsibility unless he can prove otherwise. It is therefore
particularly misleading for contract terms to seek to exclude or limit the
consumer's right to redress for faulty goods during the first six months
after purchase. As noted above (page 11) the use of misleading terms may
give rise to enforcement action as an unfair commercial practice.

2.4.6 There is similarly no objection to a term warning consumers of the need to
check to the best of their ability for any defects or discrepancies at the
earliest opportunity, and take prompt action as soon as they become aware
of any problem. Concerns do not arise so long as there is no suggestion
that the supplier disclaims liability for problems which consumers fail to
notice.

Misleading a consumer about their rights can amount to a criminal offence (which is the offence referenced above).

How did you pay for the item and how much was it?

stressedbrian

Thank you very much for that, it was approx £215 paid via paypal

unholyangel

Raise a dispute on paypal. If that isnt forthcoming, send the company a letter before action.

ETA: Of course it may be worthwhile pointing out the above to the company (that faults within 6 months are assumed to be inherent and it is for them to prove otherwise and may amount to a criminal offence for them to disclaim liability for faults - especially those found within 6 months from purchase). Some companies break the law because they don't know any better (they should, its their responsibility to ensure they're complying with all appliciable legislation) and some do it on purpose. If the company are the former then inviting them to get legal advice to check their position should spur them into action. If they're the latter.....you may have to follow through on the above of paypal/LBA

unholyangel

In fact this document may make it crystal clear to them that they cannot impose a 7 day time limit. Its the accompanying documentation to the one I linked above - it gives examples of terms that OFT found breached the unfair terms in consumer contract regulations or the unfair contract terms act and they either made the company change the terms or delete them entirely.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/332719/oft311-annexes.pdf

Particularly this section (time limit on claims):

Original term
… the Customer shall … give Maples written notice of such loss or
damage with reasonable particulars thereof within 3 days of receipt of the
Goods.
Action taken
New term: … You must tell us about any fault or damage as soon as is
reasonably possible.

Original term
Faulty goods will be exchanged if returned or notified within 7 days from
the date of invoice and returned in original, clean and full packaging.
Action taken
Term deleted.

Original term
Written notice of any defect in the goods when delivered shall be served
upon the company within 7 days of delivery. The Customer shall be
deemed to have accepted the goods 7 days after delivery.
Action taken
New term: The Customer is asked to examine the goods as soon as
reasonably possible after delivery and notify the Company of any fault or
damage as soon as reasonably possible.

stressedbrian

Thank you so much.

I'm speaking to them tomorrow I will see what happens and update.

stressedbrian

The Oft closed in April 2014, how does that affect things and the quotes above?

unholyangel

stressedbrian wrote: »

The Oft closed in April 2014, how does that affect things and the quotes above?

It doesnt. It was their guidance to businesses on unfair contract terms act and unfair terms in consumer contract regulations - both of which are still in force despite OFT's replacement.

stressedbrian

Thank you so much for the help.

Thanks to this it has now been resolved amicably, thanks to this info!

unholyangel

Glad you got it sorted and thanks for letting us know the outcome