Damaged toner cartridge

Char235

Hi I am looking for some advice. I purchased a toner cartridge on the 4th November as my printer said the toner was getting low. However, it lasted a while longer and I didn't need to open it until 1st January. (I wasn't going to replace it until it had ran out completely). The box was not damaged in any way when it arrived and there would be no way to tell that it was damaged without opening the silver packet, which I didn't need to do until I was ready to replace it. When I opened it to insert into my printer, it was completely covered in black powder, which I can only assume meant the cartridge had leaked. I contacted the company who replied 'I can completely understand that you may have not wanted to use the item
straight away if you already had another cartridge. However, we need to be notified within the 7 days if there is any damage to the item at all so it would be your responsibility to check the item upon delivery. Basically is there anything I can do or do I just have to accept the fact that I wasted £45.
Thanks.

AJXX

How did you pay for the toner?

My suggestion would be to try a more formally written email/letter pointing out various clauses of the Consumer Rights Act 2015.

Unfortunately you're over the 30 day right to reject part, however as far as I know this should not stop you from getting a replacement or refund as the item is broken/faulty.

You could also point out to the seller that there is no such 7 day rule (I suspect this is part of their own terms and conditions) but this is a contradictory breach of your basic consumer rights; so can not really be enforced.

[Your address]

[Company/ supplier address]

Dear

[Reference: contract number]

On [date] I [bought/placed an order for] a [item], and this was delivered to me on [date]. I have discovered that the [item] has the following damage: [add details].

The Consumer Rights Act makes it an implied term of the contract that goods I receive must be of satisfactory quality and for the reasons stated above they are not.

As you are in breach of contract I am entitled to [a refund / have the item repaired/ have the item replaced] and I would request that you confirm by [dd/mm/yy] [set a reasonable deadline appropriate to the specific situation] that you will do this.

I also require you to confirm whether you will arrange for the [item] to be collected or that you wish me to return this and that you will reimburse me for the cost of returning the [item] and arranging adequate insurance.

I look forward to hearing from you.

Yours sincerely

http://www.which.co.uk/consumer-rights/action/letter-to-request-damaged-goods-be-replaced

Char235

Thank you for this I will try this.