Damaged items - terms and conditions on website

anna7693

Hi, 
I am looking at buying a water feature for my garden.  I have found what I want online but have come across the following in their T&Cs about damages:

"When items are delivered we require all items to be checked to ensure they have arrived safely. Any damages / faults / missing components must be reported to us within 5 working days of delivery, outside of this time scale we are unable to offer further assistance.

If damage is noticed we require an image of the damage and packaging to be emailed to us, along with your order number.

Items that have sustained minor / cosmetic damage will be subject to compensation (items that do not leak or affect water flow)

Items that have hairline cracks and small leaks will be offered a compensation cost and remedied via a resin repair kit, this is based on imagery provided.

Items that have sustained “major damage” – breakages and leaks, will be subject to replacement items, These items will be ordered in as per the original order and shipped. Components such as Solar Kits and Care kits will not be provided with secondary deliveries.

Items that are being replaced may be subject to collection via OutdoorLivivngUk, these items will need to be placed in original packaging for our collection service.

Customers who have disposed of original packaging prior to informing us of damage may not be subject to any of the above terms, and we may not be able to assist with a damage claim."

This is going to be for an item that will cost me hundreds of pounds.  My biggest concern is that to me, even cosmetic damage would ruin something I'd spent that much money on, and compensation would be completely unacceptable.  Would consumer law be on my side?  I would fully expect a refund or replacement if there was any damage to the item. 

unholyangel

Consumer law would be on your side, but it doesn't sound like the retailer would be.

So pay by credit card - as long as the individual item is more than £100 and you pay direct (not via paypal or some other third party), then you'll have the same claim against the credit card company as you do the retailer.