What are my rights when received damaged goods

Mariehelen

I purchased some furniture from Oak landfurniture to find it was damaged. As far as I am aware under the Consumer Right Act 2015 I should have the right to a replacement or refund. On contacting the company and sending photos of the damage they are refusing either a refund or replacement as their term and conditions state that I have to report any faults within 2 days. I obviously contacted them after 2 days but within the 28 days I thought I had. Am I missing something that this company can over ride the Consumer Act. I have contacted my bank to see if I could claim it back through them but they say as the companies term and conditions are 2 days there is nothing they can do.
Can anyone offer any advice.

marliepanda

Online or instore purchase?

Nature of the damage?

wealdroam

Mariehelen wrote: »

I purchased some furniture from Oak landfurniture to find it was damaged. As far as I am aware under the Consumer Right Act 2015 I should have the right to a replacement or refund. On contacting the company and sending photos of the damage they are refusing either a refund or replacement as their term and conditions state that I have to report any faults within 2 days. I obviously contacted them after 2 days but within the 28 days I thought I had. Am I missing something that this company can over ride the Consumer Act. I have contacted my bank to see if I could claim it back through them but they say as the companies term and conditions are 2 days there is nothing they can do.
Can anyone offer any advice.

The Consumer Rights Act gives you the right to reject the goods for a full refund upto thirty days following the sale.
However, if necessary, you may need to prove that the goods are faulty.

Their Terms and Conditions cannot override your statutory rights.

Have you read MSE's Consumer Rights guide and their How to Complain article?

Mariehelen

I bought my furniture in store. I have sent an official letter to the company quoting the consumer rights act and they still will not refund or replace and have told me not to contact them again. I feel the next stage is the small claims court but I do not wish to be any further out of pocket.

marliepanda

I'll ask again: What is the nature of the damage?

Why was it not noticed before the 2 days?

Is it damage that the company believe you have caused yourself?

wealdroam

Mariehelen wrote: »

I bought my furniture in store. I have sent an official letter to the company quoting the consumer rights act and they still will not refund or replace and have told me not to contact them again. I feel the next stage is the small claims court but I do not wish to be any further out of pocket.

This has obviously been going on for some time.
When were the goods delivered?

tykesi

Drip drip drip drip drip....

Poppie68

Op You need to supply full details for a more precise answer.
What date bought?
What date received and date of damaged noticed?
What damage?
What date you contacted them and mode of contact?
What steps have you taken since ?
Reason for their denial of refund or replacement?

Mariehelen

I purchased the bench on 28/12/16 and it was delivered on 05/01/16. I decided to put the bench up on 22/01/16 (due to decorating prior to this) and notice that there was an indentation on the bench seat before it was all unpacked. I took a photograph of the damage and repackaged the bench. Either 25th/26th Jan 16 I contacted the company who told me to send an email with a photograph of the damage. This email was sent on 29/1/16. I received a phone call from the company stating it was their policy that any faults need to be raised with them within 2 days. I sent a futher email to complain to the head office on 03/02/16 and this was there response.

Thank you for your email however we will not be offering any service on this matter. This is because the product was delivered to you on January 5th 2016 but no issue with the product was reported to us until January 29th 2016. This means the product was in your possession for 24 days before you raised an issue to us regarding it being damaged. Due to the length of time you had this item before reporting the damage there is now a lot of ambiguity as to how and when this damage occurred, therefore we are not willing to take responsibility for the problem. Please accept this as our final response on the matter.

marliepanda

All seems pretty fair to me. You had it in your possession for over two weeks when it could have easily been damaged. You then waited until it had been three weeks to contact them.

If you do take it to court I wouldn't like to call it. Is it a garden bench or an indoor bench? If indoor your decorating excuse for delayed opening may work but it is not clear cut at all who would win.

Although the consumer act does cover damage, you have to prove it was there from purchase. After over two weeks and an 'indent' is something easily caused by user damage.

wealdroam

Mariehelen wrote: »

I purchased the bench on 28/12/16 and it was delivered on 05/01/16. I decided to put the bench up on 22/01/16 (due to decorating prior to this) and notice that there was an indentation on the bench seat before it was all unpacked. I took a photograph of the damage and repackaged the bench. Either 25th/26th Jan 16 I contacted the company who told me to send an email with a photograph of the damage. This email was sent on 29/1/16. I received a phone call from the company stating it was their policy that any faults need to be raised with them within 2 days. I sent a futher email to complain to the head office on 03/02/16 and this was there response.

Thank you for your email however we will not be offering any service on this matter. This is because the product was delivered to you on January 5th 2016 but no issue with the product was reported to us until January 29th 2016. This means the product was in your possession for 24 days before you raised an issue to us regarding it being damaged. Due to the length of time you had this item before reporting the damage there is now a lot of ambiguity as to how and when this damage occurred, therefore we are not willing to take responsibility for the problem. Please accept this as our final response on the matter.

I do have some sympathy with the seller's stance.

However, as I said earlier, the Consumer Rights Act gives you the right to reject the goods for a full refund up to thirty days following the sale.

But remember, I also said that you may need to prove the goods were faulty on arrival.

If you cannot provide that proof, then I fear you will be unable to progress this.