Signed for, but damaged.

photome

tidger wrote: »

I am very happy. The driver has admitted we did try to return It and he did see it was damaged, but as he is new, he didn’t know we could send it back.
The delivery company have now agreed to collect it and the shop are giving us a full refund.

That was quick

Amazed the store could get the drivers story in that short space of time , given that he denied it originally.

Maybe you should name and praise the store for resolving your issue so quickly

tidger

The store is called Fretwells and is on Etsy.
The owner called me personally and said the delivery company will return next week to collect the table and they will issue a full refund.
It’s a very expensive table and I panicked a bit when I wrote the initial post and I realise I need to be more clear and exact about what was said and when. It was my first ever post.
I realise the company could have charged us for the return, as we did sign for it. However she was on the ball and got everything sorted within two hours.

unholyangel

tidger wrote: »

The store is called Fretwells and is on Etsy.
The owner called me personally and said the delivery company will return next week to collect the table and they will issue a full refund.
It’s a very expensive table and I panicked a bit when I wrote the initial post and I realise I need to be more clear and exact about what was said and when. It was my first ever post.
I realise the company could have charged us for the return, as we did sign for it. However she was on the ball and got everything sorted within two hours.

The part in bold is bull - along with everything else the company are alleging trading standards told them. TS would never give them that advice because it directly contradicts your statutory rights. You cannot sign away your rights.

From CMA's guidance on unfair terms:

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 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.

 Terms which end rights to redress 30 days after delivery of the goods.
Even where the consumer has lost the short-term right to reject
defective goods, the trader remains legally obliged to provide other
redress if the goods subsequently prove to have been defective when
sold.

Silver_Shark

tidger wrote: »

The store is called Fretwells and is on Etsy.
The owner called me personally and said the delivery company will return next week to collect the table and they will issue a full refund.
It’s a very expensive table and I panicked a bit when I wrote the initial post and I realise I need to be more clear and exact about what was said and when. It was my first ever post.
I realise the company could have charged us for the return, as we did sign for it. However she was on the ball and got everything sorted within two hours.

I do hope your damaged table is collected and you receive your refund from this company. They certainly were not on the ball when trying to wriggle out of their responsibilities.



You don't lose your rights by signing for and accepting goods and you're entitled to a reasonable amount of time to check if the goods are damaged or faulty. It's the company's responsibility to pay for the return of the goods in this case.

tidger

We spoke to trading advice ourselves today. They have informed me that as we checked the table unwrapped and signed for it, we were liable for the return costs.
However the store has already sorted this out. The delivery company have been in touch and arranged the collection. At no point did the store say they would not give us a refund. They said that straight away. But the disputed are was how we were to get the table back to them, as we had checked it and signed for it.
Luckily the delivery company admitted fault.

tidger

unholyangel wrote: »

The part in bold is bull - along with everything else the company are alleging trading standards told them. TS would never give them that advice because it directly contradicts your statutory rights. You cannot sign away your rights.

From CMA's guidance on unfair terms:

Trading standards informed us this morning that as we had checked the table unwrapped and took delivery and signed for it, we were liable for the return costs, as per the sellers terms and conditions of return.
I think they give out a lot of conflicting advice.

unholyangel

tidger wrote: »

Trading standards informed us this morning that as we had checked the table unwrapped and took delivery and signed for it, we were liable for the return costs, as per the sellers terms and conditions of return.
I think they give out a lot of conflicting advice.

Contact them again and explicitly ask them (TS) why they advised you this when the CMA specifically state in this guidance that you cannot be made to accept goods as satisfactory upon delivery, that the OFT stated in their guidance (under SoGA where acceptance was an issue) the same thing (that the trader remains liable to provide a remedy if the goods don't conform to contract and also that the Consumer Rights Act 2015 states the following terms as unfair:

2A term which has the object or effect of inappropriately excluding or limiting the legal rights of the consumer in relation to the trader or another party in the event of total or partial non-performance or inadequate performance by the trader of any of the contractual obligations, including the option of offsetting a debt owed to the trader against any claim which the consumer may have against the trader.

This is the issue with low paid civil service jobs. You pay peanuts, you get monkeys.

tidger

I think trading standards are completely useless. My husband called, we just wanted to be certain after reading this thread. The last rep told us we could send it back for a full refund as long as we paid the return fee, this one told us the shop could refuse to accept it if they think it has been damaged by ourselves, or accept agree to a discounted refund.
I called the shop owner herself who told me she gets conflicting advice from them all the time. She said she treats her customers how she would like to be treated. Thus the full refund.
I will just point out something I didn’t mention today, which I did not know was an issue. This table is custom made. Trading standards informed my husband today that the shop does not have to accept a return on custom orders, that it could offer a partial refund, or a repair.
I did not realise this.

neilmcl

tidger wrote: »

My husband called...

Who's actually posting under this username, you, your husband or both. No wonder there seems to be some confusion as to the facts of this story.

tidger

neilmcl wrote: »

Who's actually posting under this username, you, your husband or both. No wonder there seems to be some confusion as to the facts of this story.

I’m posting, but my husband called trading standards and relayed the information to me, which I posted on here.