Tumble drier delivered damaged

MagnoliaT

We ordered a heat pump tumble drier and washing machine from Samsung in May when they had a deal on. We left them in their packaging to keep them protected as we’re renovating.  

The utility was fitted last week and on opening the packaging the front fascia of the tumble drier is hanging off. It looks like it’s been driven into by a forklift. 

I’m looking at UK consumer law and my interpretation is it’s not fit for purpose and until we hit 6 months it’s their responsibility to fix or provide a replacement. 

Samsung are claiming that it’s not faulty, it’s damaged and as we’re out of the 14 day cooling off period it’s our responsibility. 

Can anyone shed any light on this?

I’ve now spent in excess of 4 hours on the phone to Samsung being passed from department to department. Never again!

JetpackVelociraptor

As you've left them in the packaging for nearly two months and have been doing renovations you may have difficulty convincing Samsung that they arrived in that condition and that the dryer hasn't been damaged after it was delivered. You're outside the 14 day change of mind returns period, and the 30 day right to reject period. Had you been using it all this time and then damaged it you wouldn't have any recourse back to Samsung, and that is how they appear to be treating this. Have you checked what the cost of getting the fascia re-fitted or replaced would be? Have you informed Samsung that the item was damaged when you unwrapped it and that you're exercising your consumer right to a refund, repair or replacement? The 14 day cooling off period isn't relevant to this, I don't know why they've brought it up. Also, you need to do this in writing - email should be fine, but phonecalls are not terribly useful and will definitely result in a lot of wasted time.

If you purchased using your credit card you can go to your card issuer to see about a chargeback or section 75 claim. You will still have to convince them that the goods arrived damaged and Samsung could fight the chargeback on that basis. Hindsight is 20/20 I know, but in future always make sure you check delivered items shortly after delivery to make sure there's no problems with them. It's a lot easier to succeed with a claim relating to delivery damage if the item hasn't been in your house long enough to have been damaged there.

MagnoliaT

By my interpretation of the law, for the first 6 months after purchase the onus is on Samsung to prove that we damaged the item not them, leaving them liable. 

I’ve told them this on numerous occasions but they seem to be interpreting the damage as not relating to it being not fit for purpose. No idea how the below is fit for purpose…!

I’ll attempt to get it all into an email now. I don’t think I can face another call. 

shiraz99

Forget the "not fit for purpose" thing, you're misinterpreting what that means.

As Samsung are saying the item has been damaged rather than faulty (or of unsatisfactory quality) and this is always difficult to prove who is responsible, particularly in scenarios like this where there's been quite a period between delivery and the discovery of the damage. Yes, the onus is on the retailer to prove that the goods conform to contract but equally you will probably have to prove that you didn't cause the damage yourself. This is exactly the reason why most sellers give a short period after delivery to for you to check the goods and get back to them if there's been any damage on delivery, it's also good practice.

Is there any damage to the outer packaging consistent with being driven into by a forklift?

The_Fat_Controller

Your battle is going to be trying to prove when the damage was done and who did it.

It is obviously not damage through use but you should have inspected the goods on arrival and not 3 months later.

With that amount of damage it does seem strange that you did not notice anything on the day of delivery.

Alderbank

It is ironic that you left the items in their packaging to protect them from damage.

I presume Samsung are now drawing your attention to item 4 of their T&Cs:

4. If your Product(s) arrived damaged when it was delivered, you must notify us within 72 hours of the day you receive the Product(s), any damage not reported will be determined to have been caused by your handling of the Product(s), unless it can be proven otherwise. We may reduce the full amount to reflect the reduction in the value of the Product(s) caused by the damage.

The above can be challenged. It is still your legal right to receive the goods you paid for and their terms cannot take that away. Also the terms must be written in plain English - to me that last sentence is pure gobbledygook. What 'full amount'? What does it even mean?

shiraz99

MagnoliaT said:

By my interpretation of the law, for the first 6 months after purchase the onus is on Samsung to prove that we damaged the item not them, leaving them liable. 

I’ve told them this on numerous occasions but they seem to be interpreting the damage as not relating to it being not fit for purpose. No idea how the below is fit for purpose…!

I’ll attempt to get it all into an email now. I don’t think I can face another call. 

That looks like crush or drop damage to me rather anything (such as a forklift) being driven into it. You may need somebody independent to look at it but I can't see how that could be caused by yourselves, not unless you had something particularly heavy drop on top of it. What was the packaging on the top look like?

MagnoliaT

shiraz99 said:

MagnoliaT said:

By my interpretation of the law, for the first 6 months after purchase the onus is on Samsung to prove that we damaged the item not them, leaving them liable. 

I’ve told them this on numerous occasions but they seem to be interpreting the damage as not relating to it being not fit for purpose. No idea how the below is fit for purpose…!

I’ll attempt to get it all into an email now. I don’t think I can face another call. 

That looks like crush or drop damage to me rather anything (such as a forklift) being driven into it. You may need somebody independent to look at it but I can't see how that could be caused by yourselves, not unless you had something particularly heavy drop on top of it. What was the packaging on the top look like?

That’s the thing. The packaging wasn’t damaged or I’d have unwrapped it immediately. 

MagnoliaT

The_Fat_Controller said:

Your battle is going to be trying to prove when the damage was done and who did it.

It is obviously not damage through use but you should have inspected the goods on arrival and not 3 months later.

With that amount of damage it does seem strange that you did not notice anything on the day of delivery.

That’s the thing. The packaging wasn’t damaged or I’d have unwrapped it immediately. 

IvanOpinion

To me that looks like it has been dropped or something has been dropped on it. That could have happened any time from manufacture to you noticing it. With the last few deliveries we have received, the couriers have been very strict in unwrapping the item and getting me to check it before they leave - several have even taken photographs of the unboxed items. I would actually be more wary of a courier that did not make sure I inspected the goods.

MagnoliaT said:

By my interpretation of the law, for the first 6 months after purchase the onus is on Samsung to prove that we damaged the item not them, leaving them liable. 

I am no expert, but I don't think your interpretation is correct. The 6 month rule relates to functionality of the device, not obvious physical damage. You may have to prove that the damage did not happen while in your possession.

I hope you get sorted but even if they replaced the front panel I would not be happy with that machine - goodness knows what other damage may have been done.

The golden rule for everyone is to always carefully check deliveries while the delivery men are there and reject it if you are not happy. Also, do not keep things in storage without having checked them over first (ideally actually tried them out - but that is not always possible).

shiraz99

MagnoliaT said:

shiraz99 said:

MagnoliaT said:

By my interpretation of the law, for the first 6 months after purchase the onus is on Samsung to prove that we damaged the item not them, leaving them liable. 

I’ve told them this on numerous occasions but they seem to be interpreting the damage as not relating to it being not fit for purpose. No idea how the below is fit for purpose…!

I’ll attempt to get it all into an email now. I don’t think I can face another call. 

That looks like crush or drop damage to me rather anything (such as a forklift) being driven into it. You may need somebody independent to look at it but I can't see how that could be caused by yourselves, not unless you had something particularly heavy drop on top of it. What was the packaging on the top look like?

That’s the thing. The packaging wasn’t damaged or I’d have unwrapped it immediately. 

If you look closely at the image you supplied, you can see that the machine isn't sitting fully on the polystyrene base which has been damaged in the corner (the polystyrene not the dryer). That along with the way the front has bowed out near the top looks like it's been crushed from above, not something you could have done yourselves. This is the angle you should be going with Samsung. And as I mentioned you may need someone independent to verify this, or even ask Samsung to send one of their engineer's out to prove otherwise, after all the onus on proof is theirs.