My son's Christmas present was a damaged monitor!

iammichael

booneruk said:

"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. 

Thank you.

These are points I have also mentioned to them. The monitor could have been damaged at any point yet they just keep saying it must have been whilst in my possession.
There is significant damage to the internal screen, like it's been knocked, yet no mark on the outer screen.
Unfortunately I can't attach any images here as I'm a 'newbie' to the forums.

RefluentBeans

iammichael said:

RefluentBeans said:

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. 

Thank you.

This is partly what I've been trying to get at with them.... My business dealings are with them (Box) and not the manufacturer. Them simply checking the packaging proves nothing, just like the single delivery photo on my doorstep.

I'll try their complaints page and see what happens. 
PayPal will be the next port of call of Box don't respond or keep reiterating their 7day terms.

I’m not sure where their 7 day term is coming from - you can cancel any reason within 14 days of delivery (just have to pay for postage if changing mind) - this is from the consumer contract regs. You have 30 days to return for a faulty item. The fault is assumed to be there on delivery when discovered within the 30 days, and you can ask for a refund (or repair or replacement - but they can choose which of these I think). 

Given their terms aren’t in line with the law - are you sure they’re treating you as a consumer customer rather than a business customer? They may be assuming you’re a business customer and treating you with their business terms (who are expected to inspect on delivery) 

iammichael

RefluentBeans said:

iammichael said:

RefluentBeans said:

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. 

Thank you.

This is partly what I've been trying to get at with them.... My business dealings are with them (Box) and not the manufacturer. Them simply checking the packaging proves nothing, just like the single delivery photo on my doorstep.

I'll try their complaints page and see what happens. 
PayPal will be the next port of call of Box don't respond or keep reiterating their 7day terms.

I’m not sure where their 7 day term is coming from - you can cancel any reason within 14 days of delivery (just have to pay for postage if changing mind) - this is from the consumer contract regs. You have 30 days to return for a faulty item. The fault is assumed to be there on delivery when discovered within the 30 days, and you can ask for a refund (or repair or replacement - but they can choose which of these I think). 

Given their terms aren’t in line with the law - are you sure they’re treating you as a consumer customer rather than a business customer? They may be assuming you’re a business customer and treating you with their business terms (who are expected to inspect on delivery) 

I'm very unsure how they're able to state their own time frame in T&C's.... and it is aimed at Consumers.

They seem to be focusing on their 7day problem reporting and trying to ignore the consumer rights. Which they also state these in their T&C's!!

RefluentBeans

iammichael said:

RefluentBeans said:

iammichael said:

RefluentBeans said:

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. 

Thank you.

This is partly what I've been trying to get at with them.... My business dealings are with them (Box) and not the manufacturer. Them simply checking the packaging proves nothing, just like the single delivery photo on my doorstep.

I'll try their complaints page and see what happens. 
PayPal will be the next port of call of Box don't respond or keep reiterating their 7day terms.

I’m not sure where their 7 day term is coming from - you can cancel any reason within 14 days of delivery (just have to pay for postage if changing mind) - this is from the consumer contract regs. You have 30 days to return for a faulty item. The fault is assumed to be there on delivery when discovered within the 30 days, and you can ask for a refund (or repair or replacement - but they can choose which of these I think). 

Given their terms aren’t in line with the law - are you sure they’re treating you as a consumer customer rather than a business customer? They may be assuming you’re a business customer and treating you with their business terms (who are expected to inspect on delivery) 

I'm very unsure how they're able to state their own time frame in T&C's.... and it is aimed at Consumers.

They seem to be focusing on their 7day problem reporting and trying to ignore the consumer rights. Which they also state these in their T&C's!!

I would keep going - there is a complaints page on their site so can try those. And then yeah, I’d go for a letter before action. They may well ‘call your bluff’ and you may have to take it to court to get a refund, but I would say that when it gets to them consulting their legal representation they’d be prompted to just refund as the case is very strong in your favour. 

TELLIT01

Is there any damage to the packaging visible?  Even dents in the cardboard, not necessarily a tear or hole.  Monitor screens are fairly fragile so the corner of another box hitting it could cause major damage.

iammichael

TELLIT01 said:

Is there any damage to the packaging visible?  Even dents in the cardboard, not necessarily a tear or hole.  Monitor screens are fairly fragile so the corner of another box hitting it could cause major damage.

No damage to the outer cardboard box. I stated to them that I would've opened and checked the monitor had there been any marks at all to the box.
That's there defence, that there was no outer damage and so there couldn't possibly be any damage to the contents.... Hmm!

the_lunatic_is_in_my_head

RefluentBeans said:

I’m not sure where their 7 day term is coming from - you can cancel any reason within 14 days of delivery (just have to pay for postage if changing mind) - this is from the consumer contract regs. You have 30 days to return for a faulty item. The fault is assumed to be there on delivery when discovered within the 30 days, and you can ask for a refund (or repair or replacement - but they can choose which of these I think). 

When exercising the short term right to reject (bypassing repair/replace and jumping straight to refund) it is not taken the issue with the goods existed at the time of delivery and burden of proof is placed on the consumer. 

If seeking a remedy of repair/replace then it is taken and burden of proof is on the retailer for the first 6 months .

OP can of course state a preference to be refunded but either risks being asked to prove the goods do not conform or the company could insist upon repair/replace. 

OP their 7 days policy doesn't over ride your rights, personally I would send (please double check for typos):

-------------------------------------------------------------------------------------------------------------------------------------

Dear Box

With regards to order xxx, as previously discussed this was delivered on the 14th of Dec and as it was a Christmas present remained unopened until Christmas day, I then contacted you on the 27th to discuss the issue.

Whilst I note your 7 day policy this is in contradiction to the Consumer Rights Act which doesn't impose a time limit for a consumer requesting a remedy due to the goods not conforming to the contract (the only time limit is effectively the Limitation Act 1980 allowing 6 years).

As per section 19, paragraph (14) of the Consumer Rights Act:

https://www.legislation.gov.uk/ukpga/2015/15/section/19

(14)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.

I'm am requesting a remedy of a repair or replacement, or alternatively you may demonstrate that the goods did conform at the time of delivery. 

To clarify, the goods were damaged prior to delivery as such they fail to meet the requirements under Section 9 with regards to their state and condition. 

Thank you in advance for your prompt attention to this matter which I hope we can resolve amicably.

Thank you for your time,
Sincerely,
iammichael

LightFlare

IvanOpinion said:

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

I cant see any basis for that course of action

prowla

The 7 days thing is a crock - a gift wouldn't be opened until Xmas day.

I guess the message is don't buy presents from Box Limited.

Hope it works out OK!

TELLIT01

prowla said:

The 7 days thing is a crock - a gift wouldn't be opened until Xmas day.

I guess the message is don't buy presents from Box Limited.

Hope it works out OK!

No.  The message is to check goods on receipt even if they are intended to be a present.