What can I do if I only discover flatpack furniture is damaged after opening it?

PinholeCamera

Hullo - I was just hoping someone can advise (or even tell me I'll have to suck this one up!).

I bought some flatpack furniture online from Ryman's, which they stated on their site was coming from a third-party supplier (i.e., not being sent from their own warehouse).

I signed for it when the parcel arrived, but found when I opened it later that one of items has a chip in it. It's in a very visible place, so it would be quite obvious if I assemble it. I haven't taken anything else out of the packaging, as I saw the chip immediately after opening the box.

I've sent Ryman's a photograph, and they've already forwarded me a reply from the supplier saying I shouldn't have signed for it, as that means I was agreeing it was in fit state. As it was flatpacked, and the driver didn't wait, I didn't realise I should have unpacked it there and then.

I'm waiting to hear back from the supplier - via Ryman's, who've essentially washed their hands of it all otherwise - but I get the impression they're going to stick to their line that I shouldn't have signed for it. Are they right?

shaun_from_Africa

PinholeCamera wrote: »

but I get the impression they're going to stick to their line that I shouldn't have signed for it. Are they right?

Did you buy as a consumer or was it a business purchase?
If it was a consumer purchase then they can insist that you sign to state that you have taken delivery of the goods but what they can't do is to use this signature to state that you have accepted the goods. Acceptance in this context means legally accepting ownership once you are happy that they conform to contract.

If you have a look at this:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284426/oft311.pdf
You will find many examples of unfair T&C's including on page 19:

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.

PinholeCamera

Thanks very much for your detailed reply! Yes, I bought as a consumer. I'll take a look at the link in more detail, but thanks for flagging up the relevant lines.

What may be the sticking point (based on the tone of responses so far) is that they seem to be insinuating that I've done the damage. All I can say with honest conscience is that I haven't!

Would most people open flatpack furniture before signing for it? Is that something I should do next time? Perhaps I've been very lucky with things I've ordered previously (and the companies I usually use), but it's never come up before. If nothing else, I can't imagine any driver would want to wait while I go through 50-odd bits of wood and screws :0.

DoaM

How did you pay (debit or credit card) and how much was it? (More or less than £100?)

If £100 or more and paid by credit card then you could make a Section 75 claim against the card company ... under the Consumer Credit Act, credit providers are jointly liable with the seller for the performance of the contract - including all statutory rights (such as the right to a remedy when goods don't conform to contract).

PinholeCamera

Thanks DoaM. Unfortunately it was less than £100 and I paid by debit card. I suppose if they won't refund me at least I've lost less than £100, but it still feels like masses to lose for no reason. And I'm still stuck with the chipped furniture! Not sure this online shopping thing is half as good as they say it is.

pinkshoes

The whole "you signed for it so tough" thing is a load of rubbish.

No courier would work with a company that expected them to wait whilst the customer unpacked and looked closely through every part!

You are allowed a reasonable time to inspect the goods. They are clearly faulty.

unholyangel

2(a) Exclusion of liability for faulty or misdescribed goods or digital content
5.4.1 Any business selling goods or digital content to consumers is legally bound
to accept certain obligations. These are the consumer’s ‘statutory rights’.
Key statutory rights are that goods and digital content (which is ‘paid for
either directly or indirectly’)
86 must match the description given to them, and
be of satisfactory quality and fit for their purposes. Contract terms which
deny consumers the right to their full legal remedies where goods or digital
content are misdescribed or defective are blacklisted for that purpose in all
cases under Part 1 of the Act, as well as liable to be considered unfair
under Part 2 of the Act.

5.4.2 As well as being doubly open to challenge under the Act, the use of such
disclaimers is liable to mislead consumers about their statutory rights. As
such, it can potentially give rise to enforcement action as an unfair
commercial practice (see part 1 ‘other legislation’ on the CPRs).
Disclaimers used in sales of digital content give rise to similar concerns to
those used in sales of goods.

5.4.3 See paragraphs 5.2.1 to 5.2.10 for the objections under the fairness
provisions in Part 2 of the Act to disclaimers generally. Note that these
apply to any wording, whatever the form of words used, or the legal
mechanism involved, which has the object or effect of protecting the trader
from claims for redress for defective or misdescribed goods or digital
content. It is also important to note that a statement that statutory rights are
not affected, without explanation, cannot make such a term acceptable in
the view of the CMA.

5.4.4 A variety of different types of wording can have the effect of excluding
liability for unsatisfactory goods or digital content. For example:
 Terms saying that the goods must be (or that they have been) examined
by the consumer, or by someone on his or her behalf.
Consumers cannot be legally deprived of redress for faults in goods,
unless they were genuinely able to examine them before purchase and
the faults were obvious or specifically drawn to their attention.

 Terms requiring that the goods are accepted as satisfactory on delivery,
or imposing unreasonable conditions on the consumer’s right to return
them if faulty.
Consumers normally have a short-term right to examine goods and
reject them if faulty (see the table of statutory rights above, part 4). This
right normally lasts for 30 days. 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.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/450440/Unfair_Terms_Main_Guidance.pdf


As the above states, you have 30 days to reject goods for a refund if they do not conform to contract.

Any term seeking to remove or restrict your statutory rights is unfair (therefore void & unenforceable) and may amount to a criminal offence.

If you already emailed them pointing this out, send them a letter before action. If not, email them - keep it simple and to the point. You could also try your card issuer regarding a chargeback for defective merchandise.

PinholeCamera

Thanks everyone for the rights info. I'm still waiting to hear from them ... !

fleshandbone

I think it is a disgrace that company are saying as you signed for the goods you have accepted them.

Based on there stance, everyone who purchases something from IKEA is supposed to unpack flat pack items in store and inspect them then put them back and go to the check out.

Name and shame this third party supplier.

PinholeCamera

Ryman say they "can't reveal the supplier name"! The supplier is also now saying I missed the 48-hour window to send the item back (I didn't open it straight away as I'd taken a week's holiday to get some DIY sorted! But given it arrived on a Friday and I opened it next working day, i.e., Monday, that seems a bit one-sided). Meantime, the supplier hasn't responded for THREE DAYS...

I made the points everyone's helpfully suggested here, but Ryman are trying to claim it's all down to the supplier's terms. Some good news, though: Ryman said if the supplier won't do anything - which is sounding likely now - they'll refund me, but they won't hear anything back until after the weekend now.

Funny you mention IKEA, @fleshandbone - I once ordered a cabinet from them, assembled it and found it wouldn't stand up. No quibble, they came and collected it. I've never ordered from Ryman before ... there's a first and last time for everything!

fleshandbone

send a tweet to ryman about your experience and add Ikea in to the tweet.