Flooring packs damaged, company refusing exchange.

Hurley

Hi all.

I have an issue with an online flooring retailer that I hope you can advise me on.

I ordered some flooring from them, and when it was delivered, the delivery driver outlined damage to a couple of packs.

I checked it and it was damaged, so I stated this on the delivery note and signed it.

I contacted the company who asked me for photographs of the damage, which I provided. They then said they would take it up with the courier.

They then replied stating that the delivery note was signed by me with no damage noted. They provided a picture of the delivery note.

The delivery note they have showed is not the note I signed, it is not my signature or my handwriting.

They have said that it's not their problem and I should take it up with the courier and if I want more flooring then I will have to pay for it.

Can someone advise on what to do here as this seems pretty outrageous to me. You're always told to check your goods before the driver leaves and note the damage, both things I have done and now I've got people forging notes and the retailer washing their hands of the matter. Surely my contract is with the retailer not the courier?

Hopefully someone can help, thanks for any replies.

wealdroam

Hurley wrote: »

Hi all.

I have an issue with an online flooring retailer that I hope you can advise me on.

I ordered some flooring from them, and when it was delivered, the delivery driver outlined damage to a couple of packs.

I checked it and it was damaged, so I stated this on the delivery note and signed it.

I contacted the company who asked me for photographs of the damage, which I provided. They then said they would take it up with the courier.

They then replied stating that the delivery note was signed by me with no damage noted. They provided a picture of the delivery note.

The delivery note they have showed is not the note I signed, it is not my signature or my handwriting.

They have said that it's not their problem and I should take it up with the courier and if I want more flooring then I will have to pay for it.

Can someone advise on what to do here as this seems pretty outrageous to me. You're always told to check your goods before the driver leaves and note the damage, both things I have done and now I've got people forging notes and the retailer washing their hands of the matter. Surely my contract is with the retailer not the courier?

Hopefully someone can help, thanks for any replies.

When was this delivery made?

When did you inform the seller that the goods were damaged?

You are right, it is the seller's responsibility to deliver the goods to you in a satisfactory condition, and as the carrier has no contract with you I would be surprised if the carrier will even discuss the issue with you.
It is the seller's responsibility to deal with the failings of their agent, the carrier.

You have thirty days from delivery to reject the faulty goods for a full refund. It is perfectly acceptable to reject just part of an order, but of course you'll only get a refund for those goods returned.

Even if you hadn't marked the delivery note stating that some packs were damaged, it doesn't matter. As said, you have thirty days to inspect the goods to confirm that they conform to contract, and for the seller to insist that that confirmation is required on the doorstep at the time of delivery is an unfair term and unenforcible.

Hurley

Thanks for the reply wealdroam.

The delivery was made on 8-11-16.

I contacted them on the day after where they asked for photos, and I provided them.

I actually need the flooring so I need them to replace them, does this make any difference?

I agree with you but the retailer doesn't seem to be budging so I'm not really sure what to do?

Shall I just reply with the points you have made? I paid via credit card so I'm wondering whether I could contact them and try to get a charge back but like I said, I actually need the flooring!

Tothepoint.

How urgent is your need for this flooring?

Hurley

Tothepoint. wrote: »

How urgent is your need for this flooring?

Hi Tothepoint.

The carpenter is looking to fit it in just over a weeks time. We are trying to get the house done before Christmas and all the other work is dependent on the flooring, so yeah I don't really have the luxury of much time.

naedanger

Hurley wrote: »

I actually need the flooring so I need them to replace them, does this make any difference?

They are not legally obliged to offer a replacement (even if they accept the packs were delivered damaged). They could insist on a refund. However they are likely to prefer to replace rather than refund, and if their failure to replace led you to incur certain other losses I believe you could claim damages.

Personally I might buy replacements and then insist on a refund for the original faulty items. Then in the hopefully unlikely event your claim fails (which is always possible even if you are in the right) you will at least have a matching floor. [Though note you have only a limited period (as stated earlier in this thread) in which you can insist on a refund.]

Hurley

Thanks naedanger and everyone for your responses.

I feel I have a better understanding of where I stand now.

I will order a couple more packs to make sure the job gets done correctly and then I will pursue the matter of a refund with the retailer further using the advice given here.

agrinnall

What sort of flooring is it? If it's laminate then you really need to get replacement packs from the same batch otherwise you may have noticeable differences in colour between packs. In fact, I'd probably be looking to get the whole order replaced to ensure that it is all the same batch.

Hurley

It's oak flooring so the grain/colour varies from pack to pack anyway, so I should be OK on that front.

Thanks for the response.

Tothepoint.

agrinnall wrote: »

What sort of flooring is it? If it's laminate then you really need to get replacement packs from the same batch otherwise you may have noticeable differences in colour between packs. In fact, I'd probably be looking to get the whole order replaced to ensure that it is all the same batch.

That's why you mix the pack as you fit laminate. Still it's not an issue as it's real wood.

agrinnall

Tothepoint. wrote: »

That's why you mix the pack as you fit laminate. Still it's not an issue as it's real wood.

I don't think mixing the packs is the answer with laminate, for me the answer is to select the packs yourself and ensure they have the same batch number. But not an issue in this case.