Damaged good rights

Wikey22

Hi,

We have had some sliding wardrobes delivered, now on the website we ordered them it states we have 24hrs to notify them of damage.

we only unpacked them 7 days later and one was broken, we took a picture and notified the company but they are 100% refusing to do anything other than discount a replacement by 20%. 

I just wanted to understand where we might stand. 

Paul

Alderbank

Wikey22 said:

Hi,

We have had some sliding wardrobes delivered, now on the website we ordered them it states we have 24hrs to notify them of damage.

we only unpacked them 7 days later and one was broken, we took a picture and notified the company but they are 100% refusing to do anything other than discount a replacement by 20%. 

I just wanted to understand where we might stand. 

Paul

Hi Paul, welcome to the Forum!

The 24hrs window will be because of their contract with their courier, delaying for 7 days will make it more awkward for them to claim from the courier but that is their problem and does not affect your statutory rights.
Your rights at this point in time are for the retailer to replace or repair the broken one or to give you a full refund. You have to return the broken one (or all of them for a full refund) but they must pay for the return.

Have they conceded that the unit was broken when you received it? If they are claiming that you caused the damage (e.g. by assembling or moving them incorrectly) you might need evidence to show on balance of probabilities that the wardrobe was damaged before you received it.

pinkshoes

24 hours to inspect something that big is an unreasonable term.

Inspecting within 7 days is perfectly reasonable. It's not like you've waiting over a month.

I would WRITE to them stating that it has arrived damaged, so you would like a replacement sending and the broken one collecting, and look forward to their prompt response. (perhaps even give them 24 hours to reply if they seem to think that is reasonable!). I would perhaps also state that if they are unable to send a replacement for the damaged unit, then you would like to return both for a full refund, and could they please arrange a courier to collect them. 

Manxman_in_exile

You should also point out to them s29 of the Consumer Rights Act 2015:

29   Passing of risk

(1) A sales contract is to be treated as including the following provisions as terms.

(2) The goods remain at the trader’s risk until they come into the physical possession of—

(a) the consumer ...

Consumer Rights Act 2015 (legislation.gov.uk)

If the item was delivered to you in an already damaged condition, then the seller is liable for it - that's what the law says.  I don't think that trying to impose a condition on you to inspect the goods within 24 hours necessarily gets them off the hook.

I'd suggest that they can only get off that hook by showing that, on the balance of probabilities, the goods must have been damaged after they were delivered into your possession.  If you categorically deny that the goods were damaged in your possession, I'm not sure how they could demonstrate to a court that something they didn't witness must have happened...

Undervalued

Manxman_in_exile said:

You should also point out to them s29 of the Consumer Rights Act 2015:

29   Passing of risk

(1) A sales contract is to be treated as including the following provisions as terms.

(2) The goods remain at the trader’s risk until they come into the physical possession of—

(a) the consumer ...

Consumer Rights Act 2015 (legislation.gov.uk)

If the item was delivered to you in an already damaged condition, then the seller is liable for it - that's what the law says.  I don't think that trying to impose a condition on you to inspect the goods within 24 hours necessarily gets them off the hook.

I'd suggest that they can only get off that hook by showing that, on the balance of probabilities, the goods must have been damaged after they were delivered into your possession.  If you categorically deny that the goods were damaged in your possession, I'm not sure how they could demonstrate to a court that something they didn't witness must have happened...

Yes but it is not a case of "must have" (or beyond a reasonable doubt). This is a civil matter.

Ultimately if it comes to court a judge will have to decide, on the balance of probabilities (51%) what is more likely. He will consider who appears to be the most credible witness and whatever evidence may be presented. For example, the firm may be able to demonstrate that 95% of the orders they send with this courier arrive undamaged. Not a deal clincher but a worthwhile piece of evidence.

Wikey22

Thanks all, I did send them a letter yesterday pointing out a lot of these points. We have 4 doors 3 have been fine and fitted, it was the last one we opened and we took a picture straight away. 

It’s really frustrating, I did pay via PayPal and which went via an Amex card, having spoken to them both I can raise a dispute which will be resolved in 2 weeks they claim. However I’m a little nervous doing this as not sure what I might get back in terms of ££££. For example two doors are £399, one door is £280, I only need the one door now but I presume the credit card / PayPal might only refund half of the £399.  

Paul