Item delivered with damage and supplier refusing to help

neildavies17

Good morning all,

I purchased 2 x Keter Jumbo sheds in July this year, and upon delivery, one had a damaged wall section and a damaged roof section.  I went online to my account, and followed the instructions about how to get support for my product (I didn’t want to return it, I wanted replacement parts.)

The support site gives you the following support options and returns policy.

When you click the number to contact the support provider, it gives you the following:

I did call Keter and left a message and when I didn’t get a call back, I contacted them via email.  Initially, they said they would order replacement parts and they would be sent to me.  They said they wouldn’t be with me until mid November.  They then contacted me and said because of the lockdown, and Christmas, it was unlikely I would receive them until Spring next year so they referred me back to Argos.

On Monday this week, I spoke to Argos using the live chat function.  I have the transcript if anyone wants to review, however, for convenience, I was told that because I hadn’t advised of the damage within 30 days, they didn’t think they could replace the parts, nor refund me.  Katie, that I spoke to on Monday, said she would escalate with a manager and add notes to the order number.  She asked if I would contact live chat again on Monday evening and I asked if it would be OK to do so on Tuesday.  She replied it would be, and I actually got to contact them again this morning.  The chat transcript from this morning can also be supplied.  During this morning’s chat, I was advised there were no notes, and I could not have a replacement as Argos had not been notified within 30 days.  There is nothing in the returns policy (screenshot above) saying I have to notify within 30 days.  Irrespective, my consumer rights state I am entitled to a replacement if advised within 6 months (reasonable time).  I have been told I can have neither a replacement, as you have none in stock, nor a refund, which appears to contravene my consumer rights.  The chat was ended rather abruptly with me being told there was nothing more that could be done because there was no record of me contacting Argos to report the damage.

After the chat was terminated, I checked my account and order and went through the procedure as if I had the issue again, and as I outlined above, Argos refers me to the manufacturer in the first instance.  There is no mention of a 30 day policy to notify of any damage.

I have written to the CEO of Argos (Sainsbury's) largely as above, and also added the following below:

I am writing to you to ask you to escalate this matter to a mutually-agreeable resolution.  I spent £666.95 on two sheds, one of which arrived damaged.  I followed your website directions on how to resolve.  Keter took a significant amount of time to respond, however, we are still within a reasonable timeframe to advise the supplier, which is who I formed a contract with.  I feel like I have been pushed around between supplier and manufacturer and still have no resolution.  I would be more than happy to accept replacement parts, however, I don’t believe any are available.  I would accept a replacement unit, however, I believe they are currently out of stock.  It appears a refund is the only option, however, I am prepared to discuss any other proposal Argos may have.
I am disappointed that I have had to fight so hard, and had to escalate to the Chief Executive, as the live chat resources were adamant the policy stood, even when reminded about my consumer rights.
I hope we can bring this to a satisfactory conclusion and look forward to hearing from you.  Please don’t hesitate to contact me if you need any more information.

To date I have had no response, although it has only been 24 hours.  What other recourse options do I have?

Thank you very much in advance.

Sandtree

So you bought it from Argos but when there was a problem with the item on delivery you contacted the manufacturer rather than Argos? 

Your statutory rights are always with the merchant and not anyone else in the supply chain and so if there is ever an issue you must have it on record that you first of all went to the merchant in the first place. They can give you instructions to do things and thats good but that first contact must be with them.

Now the second problem, the only consumer right you ever have thats fully in your control is for a refund, you never have the right to demand a repair or replacement. Once your passed the initial period where you have the right to demand a refund it becomes the merchant’s decision on if to repair, replace or refund. 

So your problem is that you dont want a refund but thats the only thing you can demand (and that would take some arguing due to not contacting the merchant originally) however its a bit moot anyway as Argos are offering the refund from what I could tell from scan reading.

Outside of statutory rights you have negotiation... would you accept the goods with the damage at a discounted price for example?

neildavies17

That is correct, except, Argos directed me to the manufacturer on their support site.  I don't have it on record, but from the screenshots you can see how they have directed me?

Originally, the manufacturer were going to supply spare parts, then were unable to.

I would accept a refund, of course, but Argos are not offering one.  They are saying that because I didn't advise them of the damage in the first 30 days, I am not entitled to refund or repair.

I would not want to negotiate a discount as the item is unusable with the damaged parts; it cannot be built.  Also, the manufacturer told me I could dispose of the damaged parts when they were going to send me replacements.

KatrinaWaves

The screen you show says ‘if you have a question about product contact support’ and If you have a fault look at our returns policy. (Roughly)

Which did you do? You had a fault, so needed to contact Argos returns, not Keter as that is for advice (Argos employees won’t have in depth knowledge of Keter sheds) 

From your wording it appears you contacted Keter support to report the fault, and now months down the line it’s the first time Argos are hearing about this fault, which you are now expecting them to solve. By going direct to Keter (imo they are not directing you to Keter unless the returns policy tells you to do that)  you have sidestepped the Argos procedure. You cannot use what Keter offered against Argos. You have a right to a repair and that’s probably gonna take a while due to Keters delays

If you had told Argos immediately you would have had the right to the refund, but you didn’t, and from what I can see Argos are not directing you to Keter for faults. 

jon81uk

The screenshot clearly states to review their returns policy if there is a fault.
You should have contacted Argos first as they are the supplier who delivered a damaged item.

neildavies17

Sorry, I should explain.  If you click on "visit our most up to date returns policy" it takes you back to the top of the page that you see in the screenshot.  The only option I had was to call Keter as I read "If you need advice about your product, please in the first instance contact the support provider using the number on this support page." that I should call that number for help.

From the consumer rights advice on this site, it appears I am still entitled to a replacement of the damaged parts, as I have notifed them in a reasonable timeframe.  This is all I really want, if it is possible.

After I wrote to the CEO yesterday, I have been contacted and it looks like they would like to try and find a resolution, so that may well resolve this satisfactorily.

KatrinaWaves

Can you link to that page in your OP?

unholyangel

neildavies17 said:

That is correct, except, Argos directed me to the manufacturer on their support site.  I don't have it on record, but from the screenshots you can see how they have directed me?

Originally, the manufacturer were going to supply spare parts, then were unable to.

I would accept a refund, of course, but Argos are not offering one.  They are saying that because I didn't advise them of the damage in the first 30 days, I am not entitled to refund or repair.

I would not want to negotiate a discount as the item is unusable with the damaged parts; it cannot be built.  Also, the manufacturer told me I could dispose of the damaged parts when they were going to send me replacements.

If you have any further issues, remind argos that any fault within the first 6 months is assumed to be inherent unless they prove otherwise. 

They cannot disclaim liability on the basis you didn't report to them in 30 days - they couldn't disclaim liability even if you didn't report within 6 months! The fact they have told you that may in itself be a criminal offence. If their terms explicitly state that, it's an unfair term (trying to remove/restrict statutory rights) which is unenforceable and again, may amount to a criminal offence. 

The 30 day time limit under CRA only relates to the short term right to reject - the right to reject the goods for a full refund. After 30 days, you need to allow the retailer 1 attempt to repair or replace. If a repair/replacement is impossible, fails to make the goods conform to contract or cannot be enacted within a reasonable time and without causing significant inconvenience, then you are again entitled to reject. If it's less than 6 months, then the refund needs to be a full refund. 

jon81uk

neildavies17 said:

Sorry, I should explain.  If you click on "visit our most up to date returns policy" it takes you back to the top of the page that you see in the screenshot.  The only option I had was to call Keter as I read "If you need advice about your product, please in the first instance contact the support provider using the number on this support page." that I should call that number for help.

From the consumer rights advice on this site, it appears I am still entitled to a replacement of the damaged parts, as I have notifed them in a reasonable timeframe.  This is all I really want, if it is possible.

After I wrote to the CEO yesterday, I have been contacted and it looks like they would like to try and find a resolution, so that may well resolve this satisfactorily.

and when it takes you to the top of the page there is a large banner stating click here for our Covid-19 return policy update which takes you to this page https://www.argos.co.uk/features/service-disruptions?tag=ar:propbar:covid19

neildavies17

KatrinaWaves said:

Can you link to that page in your OP?

Sorry, I am too new to post links.

neildavies17

jon81uk said:

The screenshot clearly states to review their returns policy if there is a fault.
You should have contacted Argos first as they are the supplier who delivered a damaged item.

As mentioned in another reply inthe thread, the returns policy takes you back to the same screen in my screenshot.