Bought damaged drawers, 24 hrs have passed

Chris842

Hi,

I bought a set of furniture (wardrobe, chest of drawers, and bedside cabinet) recently. The delivery arrived on thursday or friday, I've forgotten which and really can't remember which day it was, as we were very busy all week.

It's now Sunday. I put up the bedside cabinet today. When I opened the package containing the drawers, I've seen the condition is awful! Three of the pieces of wood have major damage - important chunks have fallen off meaning I can't use them. There's also other, less major damage on other parts (scratches, scuff marks, and one parts looks like someone has been stabbing it with a nail).

I've just read about this merchant's returns, and their policy contains this line:

When you receive your goods please check the items and report any damages or missing parts within 24 hours as failure to do so will invalidate any claim for damages as previously stated.

- So I'd like to ask, do I have any rights, or am I stuck for it for not checking on the day it arrived? Wednesday was my baby's first birthday, and friday was my birthday, so I've been super busy and couldn't until today!

- If it arrived friday, will I be okay, given tomorrow is the following working day?

Thanks for any help.

Chris

unholyangel

Was it a uk company you ordered from? If so, they're acting illegally by having a 24 hours time limit on claims.

Chris842

Yes it's a UK company. The retailer was Allure Furnishing.

I've also just saw this in their documentation:

Accepting Your Delivery.

It is the responsibility of the customer to ensure that any packages they are signing for have no visible damage to the outer packaging before signing for the item(s) and if there is damage it must be clearly noted on the delivery note as DAMAGED when signing even if damage appears to be minimal.

All claims must be submitted within 24 hours of signing for goods in writing to enquires@allurefurnishing.co.uk failure to carry out the aforementioned will void any claim for damages. IF IN DOUBT SIGN UNCHECKED failure to do so WILL void any subsequent claim.

My fiancee says she signed a form (paper, not electronic) when it arrived. She says she didn't read the form, she just signed it. Dont know if this is going to get us in any trouble, if she was meant to mark it as damaged.

Edit: Just checked the box again and noticed something on the box. Kind of a wide slit / line in the middle of one of the sides of the box. The slit doesn't go all the way through, but it does reveal the innards of the cardboard. Wonder if this is something we should've marked as damaged... probably.

Edit two: Fiancee just said the guy came with the form to sign first, then went back to his van for the package. So she couldn't have marked it as damaged at that point.

LilElvis

If the seller doesnt acknowledge their legal responsibilities then you always have recourse to your bank/credit card.

Speak to them tomorrow, see what they say and then let us know what they say so that members can advise you what to do next if you are not happy with their response.

It must be stressful, but there will be a way to get this sorted for you.

BigBopper

Was there any damage to the outer packing?

LilElvis

Looking at their terms (not conforming to legislation) I would look at returning the items as faulty on delivery and order from another company.

unholyangel

Chris842 wrote: »

Yes it's a UK company. The retailer was Allure Furnishing.

I've also just saw this in their documentation:

Accepting Your Delivery.

It is the responsibility of the customer to ensure that any packages they are signing for have no visible damage to the outer packaging before signing for the item(s) and if there is damage it must be clearly noted on the delivery note as DAMAGED when signing even if damage appears to be minimal.

All claims must be submitted within 24 hours of signing for goods in writing to enquires@allurefurnishing.co.uk failure to carry out the aforementioned will void any claim for damages. IF IN DOUBT SIGN UNCHECKED failure to do so WILL void any subsequent claim.

My fiancee says she signed a form (paper, not electronic) when it arrived. She says she didn't read the form, she just signed it. Dont know if this is going to get us in any trouble, if she was meant to mark it as damaged.

Edit: Just checked the box again and noticed something on the box. Kind of a wide slit / line in the middle of one of the sides of the box. The slit doesn't go all the way through, but it does reveal the innards of the cardboard. Wonder if this is something we should've marked as damaged... probably.

Have a read of this document:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284426/oft311.pdf


Particularly the sections on excluding liability for faulty or misdescribed goods and also time limit on claims (ctrl & f will make searching a lot easier if you weren't already aware).


It specifically says:

• 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.

Chris842

Regarding the recourse to my bank...

Rakuten has a loyalty points scheme. Price of the item was £130. I paid for about £90 using loyalty points (super points) I had, and only the remaining £40 on my debit card. So guess that will affect things if I try that.

Will ring them tomorrow and let you know what happens anyway. I've read some of the reviews on them online. 4* and 5* from people who have had their goods in good condition. Also some 1*s from people who have had to deal with their customer services!

Chris842

Just read that UnholyAngel, thanks, thats helpful! Will quote that to them if I have to tomorrow.

sheramber

Consumers have a right to a reasonable opportunity to examine goods
and reject them if faulty.

The company may argue that 24 hours os a reasonable opportunity

BigBopper

sheramber wrote: »

Consumers have a right to a reasonable opportunity to examine goods
and reject them if faulty.

The company may argue that 24 hours os a reasonable opportunity

Ultimately it may be down to a court to decide what's reasonable.