Asked to pay to replace bed damaged upon arrival because I didn't contact sooner!

invincible

Hi folks,

Wondering if you can help. I bought a bed (frame) from an online retailer for ~£300. I opened it within a month of delivery only to find the foot board was badly damaged.

After contacting the company they made me wait a week only to tell me that the manufacturer who shipped the bed requires 7 day notice of any damages. The only option they give me is to pay £72 for a replacement to be delivered. I have looked through the retailer's web site and see no reference to a 7 day period. My understanding is that you have 30 days to contact someone if an item is faulty, is that not the case?

Would appreciate any support/advice here

Thanks!

Supersonos

Faulty and damaged are two different things.

Faulty would suggest a problem with the manufacturing or a split appearing in the wood or something.  Damaged suggests it was damaged in transit or in the warehouse.

To leave it a month before checking the goods is a bit foolish.  Who are the company?

pinkshoes

Assuming it is a UK company then yes, you have 30 days from the day after it was delivered to reject the goods.

@Supersonos - it's quite normal for beds not to be opened and checked immediately. I didnt have room to do this with mine and didnt want to unassemble my old bed and get rid of it before the new one arrived. The OP.is within the time limit.

OP can you do firm this is a UK company?

invincible

Hi folks. I don't know if the manufacturer or delivery company is responsible for the issue. I was decorating for a while before I got a chance to open the box and start putting the bed together. The company is mattressman.co.uk. 

unholyangel

Op have a look at OFTs unfair contract terms annexe A. The OFT were replaced by CMA but same thing still applies, you cannot have your rights removed for failing to report within a set time period. They can ask you to, but they cannot demand it or imply your rights will be any less. The annexe will give examples of companies who had terms giving 7 days to notify and who were made to change it to be compliant with the law. 

How did you pay for it?

the_lunatic_is_in_my_head

invincible said:

 My understanding is that you have 30 days to contact someone if an item is faulty, is that not the case?

Would appreciate any support/advice here

Thanks,
Zahid

Technically you have 6 years but:

www.legislation.gov.uk/ukpga/2015/15/section/19/enacted

For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.

So it is down to the retailer to show you damaged the bed. The manufacture can offer anything they want but this is in addition to your consumer rights with are solely with the retailer who should resolve this for you. 

The exception is if you contact the retailer within 30 days to demand a refund under the short term right to reject, in which case the above clause from the legislation does not apply. 

If you simply contact them and let them choose to repair, replace or refund then the above clause does apply. 

invincible

Hey folks, thanks for your help. Thankfully, after claiming I am within my rights to request a replacement for a faulty item within 30 days they agree to arrange for this to be sent. 

Sorted!
  
Thanks again!