I arranged for delivery from seller - DAMAGE

WolfUK

Hello

I hope this will be a simple question but these things never are. I have recently bought a replacement kitchen cupboard door to replace one in my kitchen which I damaged.

I went to the manufacturer and via e-mail and phone arranged for a replacement at £117. They also wanted £36 to deliver this item which was silly because it is only 74x62. So I arranged for collection and delivery.

This arrived yesterday and it was damaged.

Question:

I'm I right in thinking that under the consumer rights act 2015 the seller even though they did not arrange the delivery still has a responsibly until the consumer receives the good and it should be adequately packed to avoid damage.

Thanks in advance for some tips and advice.

Richard

marliepanda

WolfUK wrote: »

Hello

I hope this will be a simple question but these things never are. I have recently bought a replacement kitchen cupboard door to replace one in my kitchen which I damaged.

I went to the manufacturer and via e-mail and phone arranged for a replacement at £117. They also wanted £36 to deliver this item which was silly because it is only 74x62. So I arranged for collection and delivery.

This arrived yesterday and it was damaged.

Question:

I'm I right in thinking that under the consumer rights act 2015 the seller even though they did not arrange the delivery still has a responsibly until the consumer receives the good and it should be adequately packed to avoid damage.

Thanks in advance for some tips and advice.

Richard

Yes they have to package it correctly. However, if it was damaged in transit then you have to claim from the people you contracted with. Passing the item over to them, as your agents, is like handing it over to you.

They can't just chuck it in a box, but you arranged delivery. It's your claim. You chose to take it out of their hands.

WolfUK

Hi Thanks for the reply but the acts states:-

The Consumer Rights Act states that the seller is responsible for goods up until they are delivered to the consumer. Any damage or breakage en route is the responsibility of the seller.

This does not say if I arrange or the seller arranges.

marliepanda

WolfUK wrote: »

Hi Thanks for the reply but the acts states:-

The Consumer Rights Act states that the seller is responsible for goods up until they are delivered to the consumer. Any damage or breakage en route is the responsibility of the seller.

This does not say if I arrange or the seller arranges.

The customer in this case is YOUR agent, the delivery company.

naedanger

WolfUK wrote: »

Hi Thanks for the reply but the acts states:-

The Consumer Rights Act states that the seller is responsible for goods up until they are delivered to the consumer. Any damage or breakage en route is the responsibility of the seller.

This does not say if I arrange or the seller arranges.

Unfortunately you are responsible for any damage after the goods were passed to your carrier. See section 29 (3) and 29 (4).

Passing of risk

(1)A sales contract is to be treated as including the following provisions as terms.

(2)The goods remain at the trader’s risk until they come into the physical possession of—

(a)the consumer, or

(b)a person identified by the consumer to take possession of the goods.

(3)Subsection (2) does not apply if the goods are delivered to a carrier who—

(a)is commissioned by the consumer to deliver the goods, and

(b)is not a carrier the trader named as an option for the consumer.

(4)In that case the goods are at the consumer’s risk on and after delivery to the carrier.

(5)Subsection (4) does not affect any liability of the carrier to the consumer in respect of the goods.

(6)See section 2(5) and (6) for the application of this section where goods are sold at public auction.

[Deleted User]

In hindsight, it would have been less costly to pay £36 for it to be delivered direct. Any transit damage would then have been the responsibility of the seller.

WolfUK

Hi All

Thanks for the answers so this means I have to take up the issue with Parcel2Go and DX. I assume Parcel2Go as that is who I contracted DX with. What are my chances of getting anything from them or will I have to maybe go legal speak with them :-(

WolfUK

also would I still have my 30 days to reject the goods due to unsatisfactory quality?

Yes in hindsight might have been worth it but this is "money saving" lol

marliepanda

WolfUK wrote: »

also would I still have my 30 days to reject the goods due to unsatisfactory quality?

Yes in hindsight might have been worth it but this is "money saving" lol

Not without a reduction in the refund for the damage caused by you/your agent (same thing)

Think about it, you backheeled their delivery, arranged your own, and now want the company to take the financial hit because the company you used messed it up.

unholyangel

WolfUK wrote: »

also would I still have my 30 days to reject the goods due to unsatisfactory quality?

Yes in hindsight might have been worth it but this is "money saving" lol

You would still technically have 30 days to reject the item if it doesn't conform to contract. However when you exercise the short term right to reject, its up to you to prove the goods dont conform to contract and also that the lack of conformity is inherent. But as above, risk passes when delivered to your courier so you won't be able to exercise the short term right to reject for the damage caused by the courier.

WolfUK

marliepanda wrote: »

backheeled their delivery, arranged your own, and now want the company to take the financial hit because the company you used messed it up.

What do you mean by backheeled? I'm not wanting them to take a
hit but just trying to work out my rights the door was not packed in bubble wrap or anything and the corner "protectors" were damaged.

In regards to taking the issue with the delivery then what are the suggestions on that?