Refund for damaged goods Bought online

Katyjo_3

I recently bought a cooker hood from appliances direct. It arrived the day I was going on holiday so I didn't unpackaged it. When I got home I did open it up and noticed it was dented at this point. I applied for a refund as the item is damaged. This was 10 days after delivery. I have had my request refused as the company claims I should have contacted them within five days. Is this correct or am I still eligible for a refund as it is within 30 days? Thank you for your help, Katy.

unholyangel

What date did you purchase it/when was it dispatched?

Katyjo_3

I placed the order on 30/9 and it was delivered on 2/10. Thanks.

unholyangel

Katyjo wrote: »

I placed the order on 30/9 and it was delivered on 2/10. Thanks.

They don't seem to have an actual terms and conditions page (well they do but its more like a FAQ imo) but they do say in there that acceptance takes place on despatch so date the contract was formed would be the 2nd october and it would be governed by the Consumer Rights Act (applicable to contracts of sale entered into from 1st Oct - which is why I asked the dates involved).

The CRA gives 30 days to reject goods if they do not conform to contract. However given that we've had another thread about appliances direct on here regarding something similar, I'm pretty sure appliances direct will give you the same spiel they did with that poster and you'll be required to go via your card provider (section 75 if you paid by credit card and chargeback if it was a debit card) or possibly even a LBA followed by small claims court to get recourse from them.

I'd notify Trading Standards too - they don't usually take action on a single complaint, but if you get lucky, they might have a word with them (its not unheard of for them to do) or perhaps enough people will complain for TS to get their finger out


This is the other thread if you fancy a read of it:
https://forums.moneysavingexpert.com/discussion/5340040

Katyjo_3

Brilliant thanks so much for your help unholyangel. Will et you know how I get on!

System

Be careful with the short term right to reject, they could ask you to prove it arrived damaged (as opposed to you damaging it). Asking for a replacement should be easier.

(3)If the goods do not conform to the contract because of a breach of any of the terms described in sections 9, 10, 11, 13 and 14, or if they do not conform to the contract under section 16, the consumer’s rights (and the provisions about them and when they are available) are—

(a)the short-term right to reject (sections 20 and 22);

(b)the right to repair or replacement (section 23); and

(c)the right to a price reduction or the final right to reject (sections 20 and 24).

....

(14)For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.

Note 3a is not mentioned in 14, so the burden of proof isn't forced onto the trader in these circumstances.

macman

I would imagine that the 5 days period is a business term imposed by their courier if they wish to claim transit damage, but that is between them, and not your concern.

Nessun_Dorma

Katyjo wrote: »

Brilliant thanks so much for your help unholyangel. Will et you know how I get on!

Not really that brilliant. They are the terms for returning cancelled goods.

The terms and conditions for damaged goods clearly state:

DAMAGE/MISSING ITEMS



PLEASE CALL IMMEDIATELY TO REPORT DAMAGE

Nearly all our orders arrive on time and in the same excellent condition they left our warehouse. If damage is noticed at point of delivery the order can be refused and returned with the driver. For very large items that are delivered by 2 man carriers, we include an unboxing service. The driver will help you unbox and wait whilst you check the goods, please take advantage of this service so damage can be reported immediately and the goods taken away and quickly exchanged.

PLEASE CALL IMMEDIATELY TO REPORT DAMAGE

As with all new purchases, we understand that you will want to open and test your item as soon as it arrives. It's very important that you report any damaged, missing or incorrect items to us as soon as possible, preferably on the day of delivery. If this isn't possible we consider it reasonable that your items will have been checked and reported within 5 days. If you do not intend to use your goods immediately, please open and inspect them before storing, Damage requests reported too late will be refused

NOTE: Do not try to fit an item/appliance if it is damaged without calling for advice first. If you cause further physical damage by fitting an item you know to be a damaged we may be unable to accept the item for return.

In order to help us resolve issues arising from these problems, please log into the Order Tracking System and create a Return within the first 48 hours of delivery or expected delivery in case of non receipt. Outside of this period please call us to discuss further.

unholyangel

Nessun_Dorma wrote: »

Not really that brilliant. They are the terms for returning cancelled goods.

The terms and conditions for damaged goods clearly state:

DAMAGE/MISSING ITEMS



PLEASE CALL IMMEDIATELY TO REPORT DAMAGE

Nearly all our orders arrive on time and in the same excellent condition they left our warehouse. If damage is noticed at point of delivery the order can be refused and returned with the driver. For very large items that are delivered by 2 man carriers, we include an unboxing service. The driver will help you unbox and wait whilst you check the goods, please take advantage of this service so damage can be reported immediately and the goods taken away and quickly exchanged.

PLEASE CALL IMMEDIATELY TO REPORT DAMAGE

As with all new purchases, we understand that you will want to open and test your item as soon as it arrives. It's very important that you report any damaged, missing or incorrect items to us as soon as possible, preferably on the day of delivery. If this isn't possible we consider it reasonable that your items will have been checked and reported within 5 days. If you do not intend to use your goods immediately, please open and inspect them before storing, Damage requests reported too late will be refused

NOTE: Do not try to fit an item/appliance if it is damaged without calling for advice first. If you cause further physical damage by fitting an item you know to be a damaged we may be unable to accept the item for return.

In order to help us resolve issues arising from these problems, please log into the Order Tracking System and create a Return within the first 48 hours of delivery or expected delivery in case of non receipt. Outside of this period please call us to discuss further.

The advice I gave OP was based on the consumer rights act - ie rejecting faulty goods.

Plus their 5 day clause would be covered by unfair terms - both for excluding liability for faulty/misdescribed goods and also for time limit on claims.

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.

2.1.4 A variety of different types of wording can have the effect of excluding
liability for unsatisfactory goods. For example,
• Terms saying that the goods must be (or that they have been)
examined by the consumer, or by someone on his behalf.
Consumers cannot be legally deprived of redress for faults in goods
(except obvious faults) other than by having the faults specifically
drawn to their attention before purchase.
• Terms requiring that the goods are accepted as satisfactory on
delivery, or imposing unreasonable conditions on their return.
Consumers have a right to a reasonable opportunity to examine goods
and reject them if faulty. In the case of complex goods, a reasonable
opportunity to examine means a chance to try the goods out.
Consumers cannot legally be deprived of this right by being required to
sign 'satisfaction' notes on delivery, or by being required to return
goods in a way that may not be possible – for example, in disposable
packaging that they are likely to discard after opening.
• Terms which end rights to redress after the consumer has dealt with
the goods in a particular way.
Even where goods have been legally 'accepted', for example, by being
used repeatedly or modified in some way, the supplier remains liable to provide redress if they subsequently prove to have been defective
when sold.

Now the above paragraph makes reference to a reasonable time - as thats what the SoGA says. However now the CRA is in force, they have defined what a reasonable period is, and you now have 30 days to reject the goods.

So they cannot limit their claims to 5 days. Not least because OFT have previously made companies change/delete such a term when 7 days was given, never mind 5.

needamemory

Just a quick note to advise I was the previous poster complaining about Appliances Direct when my fridge freezer arrived and was dented on both sides of the cabinet. I made immediate contact with Appliances Direct but the next day was informed they could not exchange or refund as I had used the item! I also received an email advising I needed to inform the company within 5 days! I have quoted this email to Trading Standards (awaiting a response) and filed a transaction dispute with my credit card company. I have also been advised to check if Appliances Direct are members of the ADR scheme.

needamemory

So sorry I forgot to add I received this very helpful advice on the Consumer Rights Board for which I was very grateful.