Oven damaged in transit

*Kat*

Posting on behalf of my sister. 

She bought an oven from an online store, she arranged shipping through UPS. 

The oven was damaged whilst in transit, even though my sister paid a premium for insurance through UPS, they said it wasn't packaged well enough and so wont validate the claim. 

The oven has been returned to the shop. He is saying it was packaged correctly. UPS said it wasn't. He said he can't claim on his business insurance as they told him to claim through the courier. He refuses to send my sister pictures of the damage to the oven. 

He offered my sister a refund of half the cost of the oven (£250) as a 'one off goodwill gesture'.

Keep in mind this is an oven repair shop, they repair ovens and resell them. I googled and the cost of the oven glass door (that was damaged), is £80. 

What rights does my sister have in this situation please?

km1500

She is entitled to a full refund

How did she pay

*Kat*

km1500 said:

She is entitled to a full refund

How did she pay

Credit card - she tried a chargeback but they disputed it, so the credit card company refunded the oven company?? 

sheramber

if she has the full price refunded by the credit card company then that is all she is entitled to.

What other rights are you thinking of?

*Kat*

sheramber said:

if she has the full price refunded by the credit card company then that is all she is entitled to.

What other rights are you thinking of?

She hasn't? 

km1500

She got the chargeback which was then subsequently disputed by the company and reversed ?

I can understand that happening - it seems as though your sister supplied and paid for the courier which the oven company then used.

the risk is therefore with your sister

Had the company used their own courier the risk would have been with them

since the courier are refusing to pay out on insurance because they say it wasn't packaged well enough then your dispute is with the insurance company and you might want to consider raising a complaint or even going to the insurance ombudsman if that applies ie if it is a 'proper' insurance product

alternatively you could try small claims against ups

*Kat*

km1500 said:

She got the chargeback which was then subsequently disputed by the company and reversed ?

I can understand that happening - it seems as though your sister supplied and paid for the courier which the oven company then used.

the risk is therefore with your sister

I understand that, but surely there's an expectation on the sender to package the item correctly? 

the_lunatic_is_in_my_head

Hello OP

If the trader doesn't offer UPS as a standard shipping method then risk passes when the carrier picks up the goods. 

Your sister would have been better off paying the £80 for new glass and fitting herself/paying a few quid for it to be fitted. 

She has a choice really of chasing UPS or chasing the oven company,

If something is damaged in transit then generally it wasn't packaged well enough (unless it gets flattened by a fork lift or something similar that is excessive), I'd expect the oven retailer to know how to package ovens but whether that's the legal position I don't know. 

Tricky one but as with all things it's a case of send a letter before action and if that doesn't work look at whether small claims is worth while  

lincroft1710

*Kat* said:

km1500 said:

She got the chargeback which was then subsequently disputed by the company and reversed ?

I can understand that happening - it seems as though your sister supplied and paid for the courier which the oven company then used.

the risk is therefore with your sister

I understand that, but surely there's an expectation on the sender to package the item correctly? 

You only have UPS's claim that they didn't.


Although it could happen, it is doubtful that a company that sends appliances by courier would not package them properly.

*Kat*

lincroft1710 said:

*Kat* said:

km1500 said:

She got the chargeback which was then subsequently disputed by the company and reversed ?

I can understand that happening - it seems as though your sister supplied and paid for the courier which the oven company then used.

the risk is therefore with your sister

I understand that, but surely there's an expectation on the sender to package the item correctly? 

You only have UPS's claim that they didn't.


Although it could happen, it is doubtful that a company that sends appliances by courier would not package them properly.

They sent it wrapped in film, rather than in a box. I think that's the problem.

the_lunatic_is_in_my_head said:

Hello OP

If the trader doesn't offer UPS as a standard shipping method then risk passes when the carrier picks up the goods. 

Your sister would have been better off paying the £80 for new glass and fitting herself/paying a few quid for it to be fitted. 

She has a choice really of chasing UPS or chasing the oven company,

If something is damaged in transit then generally it wasn't packaged well enough (unless it gets flattened by a fork lift or something similar that is excessive), I'd expect the oven retailer to know how to package ovens but whether that's the legal position I don't know. 

Tricky one but as with all things it's a case of send a letter before action and if that doesn't work look at whether small claims is worth while  

The oven company asked for the oven to be returned to them so they could see the damage. She bought the oven on 27th June, its been going on for this long and I'm so bored of hearing about it! lol

Okell

*Kat* said:

Posting on behalf of my sister. 

She bought an oven from an online store, she arranged shipping through UPS....

Why did she do this?  Didn't the online store offer their own delivery?

If your sister chose a carrier that wasn't offered by the seller, she may have compromised her statutory rights as the risk of the goods being damaged in transit would have transferred from the seller to her when the seller handed the goods over to your sister's chosen courier.

*Kat* said:

km1500 said:

She is entitled to a full refund

How did she pay

Credit card - she tried a chargeback but they disputed it, so the credit card company refunded the oven company?? 

Sorry, but no idea what you mean.  Are you asking us if the credit card company refunded the seller?