My son's Christmas present was a damaged monitor!

iammichael

Afternoon.

My first post here, so I'll try and keep things to the point.

I ordered my son a monitor for Christmas but it was damaged and now the company are refusing to replace/repair/refund!!

-December 13th I order a monitor online from a large company, adding on Next Day Delivery.
-December 14th it arrived and was signed for by my other son.
It was kept in its full packaging and then wrapped up ready for Christmas Day 
-December 25th it was unwrapped and set up by myself. When my son switched it on though, you could see vast damaged to the inner screen. This renders the monitor unusable. I will add that there was no visible damage to the monitors outer screen.
-December 27th I sent an email to the company reporting the damage and showing pictures. 
-December 28th I received a reply apologising for the damage but telling me that I hadn't reported any damage within 7days and therefore a claim couldn't be made against the courier and there was nothing further they could do.

Since then a few emails have been exchanged and I have been advised the following:
1) All products are checked by the manufacturer and then all packaging checked by this company.
2) I've set the monitor up, so I could be the reason for damage.
3) Consumer Rights don't cover this.
4) I should contact the manufacturer and ask for a paid repair.

I have replied to this company and told them that my business dealings are with them, not the manufacturer, and that the monitor was 'dead-on-arrival' and unusable. I explained that it was a Christmas present and therefore wasn't checked within 7days of delivery.

They simply keep saying the same things back to me and highlighting their T&Cs and this 7day return policy they have.

If anyone can help me, and my son, it would be hugely appreciated.

Many thanks.

Michael 

Aylesbury_Duck

iammichael said:

Afternoon.

My first post here, so I'll try and keep things to the point.

I ordered my son a monitor for Christmas but it was damaged and now the company are refusing to replace/repair/refund!!

-December 13th I order a monitor online from a large company, adding on Next Day Delivery.
-December 14th it arrived and was signed for by my other son.
It was kept in its full packaging and then wrapped up ready for Christmas Day 
-December 25th it was unwrapped and set up by myself. When my son switched it on though, you could see vast damaged to the inner screen. This renders the monitor unusable. I will add that there was no visible damage to the monitors outer screen.
-December 27th I sent an email to the company reporting the damage and showing pictures. 
-December 28th I received a reply apologising for the damage but telling me that I hadn't reported any damage within 7days and therefore a claim couldn't be made against the courier and there was nothing further they could do.

Since then a few emails have been exchanged and I have been advised the following:
1) All products are checked by the manufacturer and then all packaging checked by this company.
2) I've set the monitor up, so I could be the reason for damage.
3) Consumer Rights don't cover this.
4) I should contact the manufacturer and ask for a paid repair.

I have replied to this company and told them that my business dealings are with them, not the manufacturer, and that the monitor was 'dead-on-arrival' and unusable. I explained that it was a Christmas present and therefore wasn't checked within 7days of delivery.

They simply keep saying the same things back to me and highlighting their T&Cs and this 7day return policy they have.

If anyone can help me, and my son, it would be hugely appreciated.

Many thanks.

Michael 

Just a thought when I saw these comments.  What company did you buy it from?  Do they think you're a business purchaser, rather than a consumer perhaps?  That would explain their stance.

If they are a "normal" retailer, e.g. Currys, then they can't just wash their hands of it, but you will have a problem proving it arrived damaged given the (small) delay between delivery and reporting the problem.

Did you pay by card by any chance?  What value was the monitor?

iammichael

Aylesbury_Duck said:

iammichael said:

Afternoon.

My first post here, so I'll try and keep things to the point.

I ordered my son a monitor for Christmas but it was damaged and now the company are refusing to replace/repair/refund!!

-December 13th I order a monitor online from a large company, adding on Next Day Delivery.
-December 14th it arrived and was signed for by my other son.
It was kept in its full packaging and then wrapped up ready for Christmas Day 
-December 25th it was unwrapped and set up by myself. When my son switched it on though, you could see vast damaged to the inner screen. This renders the monitor unusable. I will add that there was no visible damage to the monitors outer screen.
-December 27th I sent an email to the company reporting the damage and showing pictures. 
-December 28th I received a reply apologising for the damage but telling me that I hadn't reported any damage within 7days and therefore a claim couldn't be made against the courier and there was nothing further they could do.

Since then a few emails have been exchanged and I have been advised the following:
1) All products are checked by the manufacturer and then all packaging checked by this company.
2) I've set the monitor up, so I could be the reason for damage.
3) Consumer Rights don't cover this.
4) I should contact the manufacturer and ask for a paid repair.

I have replied to this company and told them that my business dealings are with them, not the manufacturer, and that the monitor was 'dead-on-arrival' and unusable. I explained that it was a Christmas present and therefore wasn't checked within 7days of delivery.

They simply keep saying the same things back to me and highlighting their T&Cs and this 7day return policy they have.

If anyone can help me, and my son, it would be hugely appreciated.

Many thanks.

Michael 

Just a thought when I saw these comments.  What company did you buy it from?  Do they think you're a business purchaser, rather than a consumer perhaps?  That would explain their stance.

If they are a "normal" retailer, e.g. Currys, then they can't just wash their hands of it, but you will have a problem proving it arrived damaged given the (small) delay between delivery and reporting the problem.

Did you pay by card by any chance?  What value was the monitor?

Thanks for replying.

The company is Box Limited, and I assume they know I'm a standard consumer. All emails are from myself only.

It was paid for using PayPal Pay In 3 and the total cost was just under £140.00.

Aylesbury_Duck

Yes, they're a B2C and a B2B seller, so no concerns there - they should be treating you as a consumer.

I can see their terms and conditions mention the 7 day situation.  Nevertheless, they can't simply ignore your consumer rights in the event of a broken product, and it's quite reasonable that a gift delivered just 11 days before Christmas isn't checked over until the 25th.

I don't think PayPal's Pay In 3 constitutes credit that would give you Section 75 protection, which is a shame.  It looks more like a loan.  Have you spoken to PayPal to see if they'll intervene?

Ultimately, if Box won't play ball and PayPal can't or won't help, you'll have to try a letter before action threatening small claims court.  That might generate a response.  If it doesn't, you'll have to decide if you want to pursue court action.

born_again

You could take it up with pay pal as a faulty product & retailer failing to deal.

iammichael

Aylesbury_Duck said:

Yes, they're a B2C and a B2B seller, so no concerns there - they should be treating you as a consumer.

I can see their terms and conditions mention the 7 day situation.  Nevertheless, they can't simply ignore your consumer rights in the event of a broken product, and it's quite reasonable that a gift delivered just 11 days before Christmas isn't checked over until the 25th.

I don't think PayPal's Pay In 3 constitutes credit that would give you Section 75 protection, which is a shame.  It looks more like a loan.  Have you spoken to PayPal to see if they'll intervene?

Ultimately, if Box won't play ball and PayPal can't or won't help, you'll have to try a letter before action threatening small claims court.  That might generate a response.  If it doesn't, you'll have to decide if you want to pursue court action.

Thank you very much for taking the time to look into all that. It's much appreciated.

I shall speak to them about my Consumer Rights and see what they say.

Then I'll approach PayPal.

Thank you

IrishRose12

You could try opening a case with PayPal if that's how you paid.  Tbh proving the item was damaged on delivery will be very hard to show however. 
Even though it was a Christmas present, especially a fragile one like this, it should have been checked on receipt. 

It's always important to check all items when they are received to check for faults etc. 

iammichael

IrishRose12 said:

You could try opening a case with PayPal if that's how you paid.  Tbh proving the item was damaged on delivery will be very hard to show however. 
Even though it was a Christmas present, especially a fragile one like this, it should have been checked on receipt. 

It's always important to check all items when they are received to check for faults etc. 

Thanks for your reply.

I understand what you're saying and I haven't specified to them at all when the item might have been damaged. But from the actual manufacturer to my doorstep could be quite some time.

Having them tell me that they look over all packaging and then tell me that the delivery drivers one photo proves it was all ok, doesn't sit well with me at all.

If there had been any sign at all of damage or marking to the outer box, then I would have checked the monitor asap.

Many thanks

RefluentBeans

As the product is faulty, and you’re returning it within 30 days they have to prove the fault was caused by you. I’m not convinced that the packaging being as they sent it out is enough. If they didn’t actually check the item then how can they possibly know it was functioning when it left? 

I’d keep pushing - there is a complaints page on their site - it may be worth going though that, and if no resolution then I’d send a letter before action. 

You can ask PayPal to intervene but they may not want to intervene, especially if Box says that they think ‘you’re trying it on as they sent you the product in good packaging’. Ultimately PayPal will keep the status quo unless there is overwhelming evidence to support you or if the company fails to respond. Given you still have the product, they’re more likely to side with Box. 

booneruk

"All products are checked by the manufacturer and then all packaging checked by this company."

Why are they adamant it must have been damaged during the delivery phase? Complicated electronic devices can die before leaving the manufacturing plant. Someone could have dropped it just before it was packaged up and sent out, or someone with fatigued eyes didn't notice the broken screen during testing - I presume it still shows something, just rather garbled? 

There are plenty of examples of "Dead on arrival" computer equipment on Google. 

IvanOpinion

If all else fails, and as wrong as it feels, could you claim it on your contents insurance?