Company refusing refund for damaged goods

mcguirpa

Hi all - first time poster interested in understanding a little more about some of the finer points of consumer law and my rights if anyone can help?

I ordered 10 lengths of skirting board from mdfskirtingworld.co.uk and upon opening the package (almost 2 weeks after delivery) I found that two of the lengths were damaged.I took pictures and sent them to mdfskirtingworld to ask for a refund.

Their reply stated that as the goods were received almost 2 weeks ago and I hadn't informed them of damage within 24 hours I couldn't claim a refund.

I then queried this, as it was my understanding that within 14 days I'm entitled to a full refund for any reason, to which they replied that as the goods are 'custom made to order' they are exempt from the 14 day rule and they are entitled to charge me a 50% restocking fee i.e. I can return them for a refund of 50%.

So I have a few queries related to these two points.

1. My understanding of the law from what little I've read is that I have 30 days to inform the seller of damage, so is their claim that I forfeit a refund if I don't declare damage within 24 hours valid? I think their position is that when I sign upon taking delivery I'm signing to accept the goods, not just to acknowledge receipt, although they did say in their email (direct quote):

We require that damage is reported within 24 hours of the delivery. This is to rule out us replacing goods that may have been damaged after delivery (no fault of our own).

2. If their claim that I have to inform them within 24 hours is invalid, do they have to refund the whole order, or can they legitimately just refund for the two damaged lengths? (I don't want to argue and win point one, only to be confronted legitimately with point 2 )

3. I see that custom items are exempt from the 14 day cooling off, but what is a sensible definition of custom? The items were ordered from the standard section of their website, not the bespoke section and ordered in standard lengths i.e. as far as I'm concerned these are completely standard products in their range with no customisation. I can accept that they're made to order, but 'custom' and 'made to order' are two entirely different things as far as I can see.It does say in their T&C that the products are 'custom made to order', but again, saying this in T&C doesn't make it fact and doesn't mean I forfeit my statutory rights to a refund just because they say so.

Does anyone have any opinion on where I stand with any of this? I'm not overly concerned with where I go next, I just want to get back to what I'm entitled to - if it's legitimately only 50% then so be it, but if I'm legitimately entitled to a full refund then that's what I want.

I'd be grateful for any advice anyone has.

DoaM

Seller T&Cs cannot overrule statutory rights. You are right - they are wrong.

Consumer Rights Act 2015.

KeithP

The relevant legislation is The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

The word 'custom' does not even appear in that.

Regulation 28 lists those reason when cancellation is not possible, and the term the seller appears to be relying upon is:

(b) the supply of goods that are made to the consumer’s specifications or are clearly personalised;

If you have chosen a product that is listed on their website, then it is made to their specification, not yours. It does not matter that it is 'made to order' or 'custom made' or whatever other term is ascribed.

During the 14 days following delivery, day 1 is the day following delivery, you have the statutory right to cancel the order and return the goods for a full refund of all monies paid. This includes the outbound delivery charge unless you chose an expedited service. You however, may be responsible for the return costs.
They cannot reduce the refund, other that for that return cost (in some circumstances) or if the value of the goods have been diminished since delivery.
That last point is the tricky bit.

If we now turn to the Consumer Rights Act as mentioned by DoaM,
that allows the consumer up to thirty days to confirm that the goods conform to contract. Clearly in your case the goods do not conform to contract, so you have the statutory right to reject them for a full refund. In this case the seller must cover the cost of providing that remedy, i.e. the seller arranges and pays for the return.

Again it becomes tricky because the seller does not know what has happened to the goods since delivery - which is why it is always a good idea to inspect delivered goods as soon as possible after delivery.

What do you do next? Argue about it I guess.

What amount of money are we talking about here?

steampowered

We are assuming that you were purchasing as a consumer, not for your business?

The term that you have to inform them of damage within 24 hours to claim would be an 'unfair term' in a contract with a consumer and is not enforceable.

If you don't get anywhere talking to the company, the next step would be a formal 'letter before action' indicating that legal action will be taken within 14 days if a refund is not made.

naedanger

mcguirpa wrote: »

Hi all - first time poster interested in understanding a little more about some of the finer points of consumer law and my rights if anyone can help?

I ordered 10 lengths of skirting board from mdfskirtingworld.co.uk and upon opening the package (almost 2 weeks after delivery) I found that two of the lengths were damaged.I took pictures and sent them to mdfskirtingworld to ask for a refund.

Their reply stated that as the goods were received almost 2 weeks ago and I hadn't informed them of damage within 24 hours I couldn't claim a refund.

I then queried this, as it was my understanding that within 14 days I'm entitled to a full refund for any reason, to which they replied that as the goods are 'custom made to order' they are exempt from the 14 day rule and they are entitled to charge me a 50% restocking fee i.e. I can return them for a refund of 50%.

So I have a few queries related to these two points.

1. My understanding of the law from what little I've read is that I have 30 days to inform the seller of damage, so is their claim that I forfeit a refund if I don't declare damage within 24 hours valid? I think their position is that when I sign upon taking delivery I'm signing to accept the goods, not just to acknowledge receipt, although they did say in their email (direct quote):

2. If their claim that I have to inform them within 24 hours is invalid, do they have to refund the whole order, or can they legitimately just refund for the two damaged lengths? (I don't want to argue and win point one, only to be confronted legitimately with point 2 )

3. I see that custom items are exempt from the 14 day cooling off, but what is a sensible definition of custom? The items were ordered from the standard section of their website, not the bespoke section and ordered in standard lengths i.e. as far as I'm concerned these are completely standard products in their range with no customisation. I can accept that they're made to order, but 'custom' and 'made to order' are two entirely different things as far as I can see.It does say in their T&C that the products are 'custom made to order', but again, saying this in T&C doesn't make it fact and doesn't mean I forfeit my statutory rights to a refund just because they say so.

Does anyone have any opinion on where I stand with any of this? I'm not overly concerned with where I go next, I just want to get back to what I'm entitled to - if it's legitimately only 50% then so be it, but if I'm legitimately entitled to a full refund then that's what I want.

I'd be grateful for any advice anyone has.

I think your understanding is correct assuming you are a consumer but there is one point I think you should note:

I believe if you are insisting on a refund, rather than either a refund/replacement/repair at the seller's option, then the onus is on you to prove (on the balance of probability) that the items were faulty at delivery. Whereas if you are willing to accept refund/replacement/repair at the seller's option then the onus is on the seller to prove the items were not faulty at delivery for them to avoid liability.

So if you are insisting on a refund I believe you need to prove that, more likely than not, the items were damaged when they were delivered. (In practice if the matter gets to court and the claim is contested then there is probably little difference.)

Also I suspect if you don't argue your case and return faulty boards you may not even get the 50%, as I suspect that is what the company plan to refund for non-faulty items.