Refused Delivery of Tumble dryer

NigelGarland

Hi, First time here and I hope someone can help.

I recently ordered a new tumble dryer from a well known website which was delivered on Thursday. During delivery the driver carried it on its side and water poured out of it, no doubt soaking the electrics inside. Certainly the outside was very wet including the power cord and rear panel. My wife refused to sign for it and sent it back. The supplier wants to send it back to the factory for inspection and resend it to us if no fault found claiming it was water from testing. I want to cancel but they say I will have to pay a £59 surcharge for a failed delivery. I don't want the tumble dryer as it has been soaked with water inside and could not have been used safely at the point of delivery. Can they really ask me to pay £59 for refusing water soaked electrical goods?

unholyangel

Can I just ask, why was water pouring out of a tumble dryer?

How did you pay for it?

What website? Have they given you information on your rights about cancelling under the consumer contract regulations? Did it include details about the £59 charge and under what circumstances it would be payable?

Put your complaint in writing to them if you haven't already (even email - just so you have a record of it should you need it further down the line).

macman

Condenser drier, upper tank had some water left in it after factory test and wasn't emptied? Or it's a return, used and not new?

NigelGarland

It was BHS Direct, fulfilled through...... Appliances Direct.
It was paid by credit card.
I checked the terms and conditions on the BHSDirect site and pointed out that we were not obliged by the T&C as they refered to the "CONSUMER PROTECTION (DISTANCE SELLING) REGULATIONS 2000."
The T&C do mention something about us being liable for return cost if cancelling, however the goods were not safe for use on delivery so it was a refused delivery rather than reuturned unwanted item.

There contention is that if I reject the goods and they find nothing wrong with them they will bill me £59, irrespective of water pouring out as it was carried across the road. My point is that the goods were not safe to use. I have spoken on the phone with them but continued through the e-message system so I have a conversation trail.

NigelGarland

It was bought new so I would hope it was new. My first thought was that it was used but either way, water over the electrics, all over the back pouringh out the bottom and isn't good.

JJ_Egan

Its not a failed delivery its rejection of the goods at point of delivery due to not fit for purpose/ faulty / not in a new state .
Under CRA you are perfectly entitled to reject the goods .
Inform the vendor that they should catch up with current UK legislation .

NigelGarland

Hi JJ,
Yes exactly my take on it. The problem is when they get it to the factory and all the water has gone, they'll turn around and say there is nothing wrong with it! So it then isn't rejection of faulty goods but a return of unwanted goods!

HappyMJ

NigelGarland wrote: »

Hi JJ,
Yes exactly my take on it. The problem is when they get it to the factory and all the water has gone, they'll turn around and say there is nothing wrong with it! So it then isn't rejection of faulty goods but a return of unwanted goods!

Did the delivery driver take a note of the water coming out during it's journey across the road. If so, I'd say that's enough evidence to back up your claim that water was leaking on to what you believe was the electrical internals of the machine.

NigelGarland

It's why we rejected it at delivery, I don't know if the driver took any notice of anything to be honest!
In my last reply from them they stated "If the unit is as it should , we would determine the return as unwanted under the consumer credit regulation."
What has that got to do with it?

unholyangel

You could try a section 75 claim with your credit card supplier (assuming the goods were over £100 of course) and if they reject your claim, open a dispute with the financial ombudsman.

However wait and see what they say before arguing it. If saying anything at present, I'd perhaps just write that you will not be accepting liability for any loss or damage caused by their agents - including (but not limited to) their failure to take reasonable care.

pappa_golf

factory? what make was it , very few appliances are now made in the UK