Consumer Rights Act

DoaM

Are all the planks in that pack damaged, or only the top layer? (That may help determine if it was a manufacturing fault or a handling/storage fault).

beefturnmail

Moneyineptitude wrote: »

You haven't found an inherent "fault" though, you are alleging it was sent to you damaged.

Thanks, but I'm not sure what difference it makes? I'm claiming the goods are not of satisfactory quality (because they are damaged), and I'm doing this within 6 months, so it is up to the retailer to prove that they were of satisfactory quality when I received them.


It is every plank in the pack which is damaged, some more so than others.

[Deleted User]

beefturnmail wrote: »

so it is up to the retailer to prove that they were of satisfactory quality when I received them.

Physical damage is not an inherent fault.

However, I would expect them to send you a replacement in due course just to be rid of the complaint.

Do not take any other action before hearing from them. You certainly can't reject the whole order if you've begun fitting it...

wealdroam

Moneyineptitude wrote: »

You certainly can't reject the whole order if you've begun fitting it...

What you say maybe true, but you might like to read Section 21 of The Consumer Rights Act - Partial rejection of goods.

beefturnmail

I wasn't planning on rejecting the whole order... So how long do I wait until I hear from them given that they've ignored several e-mails and don't answer calls? What can they realistically be doing to 'investigate'. The fact that I can't leave a voicemail message because their mailbox is too full, makes me wonder if they're in trouble... (Company is UK Flooring Online by the way - their returns policy http://www.ukflooringonline.co.uk/returns-information/ also looks somewhat wrong\unfair to me)

[Deleted User]

wealdroam wrote: »

What you say maybe true, but you might like to read Section 21 of The Consumer Rights Act - Partial rejection of goods.

Thanks. I'm aware.

wealdroam

Moneyineptitude wrote: »

Thanks. I'm aware.

The why have you bothered to tell the OP he cannot reject the whole order?

[Deleted User]

wealdroam wrote: »

The why have you bothered to tell the OP he cannot reject the whole order?

Because he cannot if it's already been fitted.
His initial post made it sound like that was what he intended to do.
If he has no contact with the retailer, difficult to see how he might arrange a part-refund even if he's entitled to one. Bank or credit card refund would be for the whole order and so would be unlikely to stick.

wealdroam

beefturnmail wrote: »

Company is UK Flooring Online by the way - their returns policy http://www.ukflooringonline.co.uk/returns-information/ also looks somewhat wrong\unfair to me.

Their returns policy is not only 'somewhat wrong and unfair', it is downright misleading on some points.

Just one example, they simply cannot charge a restocking fee if goods are returned under The Consumer Contracts Regulations 2013.

Their T&Cs are equally erroneous.
For example, they say:

You have the right to cancel and return your order, if unopened and in original packaging within 7 working days. A handling charge will be incurred to cover re-stocking and administration of 30% of the order value.

In fact you have 14 days to cancel an order, and another 14 days to get the goods back to the seller. They have absolutely no right to charge any restocking fee if the goods are returned in accordance with the cancellation rights afforded by The Consumer Contracts Regulations 2013.

wealdroam

Moneyineptitude wrote: »

Bank or credit card refund would be for the whole order and so would be unlikely to stick.

A bank or credit card refund certainly can be a partial refund if only part of an order is being rejected and returned as inherently faulty.

Furthermore, the seller is responsible for the cost of that return.