My son's Christmas present was a damaged monitor!

Alderbank

the_lunatic_is_in_my_head said:

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 Statute Of Limitations 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. 

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

I think this letter is excellent and should be very useful for the OP.

But since you invite a check for typos, I would say that unlike the USA and other countries, the UK does not have a statute of limitations.
As you are in Wales you might have been thinking of the Limitation Act 1980?
However if the OP is in Scotland the equivalent legislation here is the Prescription and Limitation (Scotland) Act 1973 which would limit a claim like this to 5 years.

Thanks again for taking the time and trouble to compose this letter. I'm sure it is appreciated!

iammichael

!! UPDATE !!

Thank you very much to all of you who have taken the time to reply and provide me with valuable information.

02/01/24 - I sent them an email stating I was making the claim under the Consumer Rights Act.

03/01/24 - Box Ltd response is as follows:

I believe it is the "short-term right to reject" that you are referring to, or articles 20 and 22 of the Consumer Rights Act. This applies to faulty goods, your monitor has physical damage, but this is not classed as a fault it is classed as damage. A fault could be, for example, dead pixels or a lower-than-expected refresh rate.

Due to this, we are well within our rights to reject the return based on the damage shown not being raised in the appropriate time frame.

Again, I can only suggest that you contact Viewsonic directly as it is them who hold your warranty.

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

Where do I take it from here?
Am I right to use the typed letter provided by 'the lunatic is in my head'? (See above)
Or should I reply with a letter of action?

Thanks again! 
Michael

iammichael

said:

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 Statute Of Limitations allowing 6 years).

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


(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. 

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

Thank you for your time,
Sincerely,

Thank you taking the time to write this out, it's very much appreciated. I may indeed have to use it!
I have had a response from Box and just posted an update.

the_lunatic_is_in_my_head

Alderbank said:

I think this letter is excellent and should be very useful for the OP.

But since you invite a check for typos, I would say that unlike the USA and other countries, the UK does not have a statute of limitations.
As you are in Wales you might have been thinking of the Limitation Act 1980?
However if the OP is in Scotland the equivalent legislation here is the Prescription and Limitation (Scotland) Act 1973 which would limit a claim like this to 5 years.

Thanks again for taking the time and trouble to compose this letter. I'm sure it is appreciated!

Thanks @Alderbank , I wasn't sure what we called it here and Google seemingly led me astray. 

@iammichael

I've amended the letter in my original post changing the part the other poster mentioned and added something regarding their claim damage isn't covered.

Obviously damage caused by yourself isn't covered but it should be clear to them that you are alleging the damage occurred before delivery for which they are obviously responsible. 

iammichael

the_lunatic_is_in_my_head said:

Alderbank said:

I think this letter is excellent and should be very useful for the OP.

But since you invite a check for typos, I would say that unlike the USA and other countries, the UK does not have a statute of limitations.
As you are in Wales you might have been thinking of the Limitation Act 1980?
However if the OP is in Scotland the equivalent legislation here is the Prescription and Limitation (Scotland) Act 1973 which would limit a claim like this to 5 years.

Thanks again for taking the time and trouble to compose this letter. I'm sure it is appreciated!

Thanks @Alderbank , I wasn't sure what we called it here and Google seemingly led me astray. 

@iammichael

I've amended the letter in my original post changing the part the other poster mentioned and added something regarding their claim damage isn't covered.

Obviously damage caused by yourself isn't covered but it should be clear to them that you are alleging the damage occurred before delivery for which they are obviously responsible. 

Many thanks once again!

I shall send this to them, and again highlight that the damage must have been sustained prior to it being in my possession.

iammichael

!! UPDATE !!

After sending Box Ltd the drafted email and stating my Consumer Rights, today I received a very unhelpful reply...

" Thank you for your email. 

After speaking with our returns manager I can confirm that we would still not be able to accept a return for this item due to it being damaged and raised outside of the time frame necessary. 

I can only advise that you contact Viewsonic I'm afraid. 

I do apologise for the inconvenience. "

Once again, I have told them that I am claiming under my Consumer Rights as my contract is with Box Ltd and NOT the manufacturer (Viewpoint). I've told them that Box Ltd is quite welcome to discuss a repair/replacement with Viewpoint.

What a pain!

Aylesbury_Duck

Sounds like you need to escalate to small claims court, then.

the_lunatic_is_in_my_head

Sorry to hear OP, I'd send them a letter before action (templates are on Google), citing the Consumer Rights Act, hopefully whoever deals with such mail at their head office will have greater understanding of the legislation. 

Be sure to keep the letter to the point and polite  

Okell

@iammichael -  personally I'd give them one more chance before sending a LBC.  It won't do you any harm if it gets as far as a court.

Go back to them and point out that they are mistaken in their beliefs (1) that the Consumer Rights Act 2015 (CRA) only applies to "faulty goods" and (2) that "fault" is only to be understood in the context of excluding physical damage.

The CRA deals with goods that "do not conform to contract" for any reason - be that reason a manufacturing fault, or physical damage sustained prior to delivery to the consumer, or any other reason that causes the goods not to conform to contract.

In this case the goods were physically damaged before they were delivered to you.  Whether that damage was caused by the manufacturer, or by Box themselves, or by Box's chosen courier is irrelevant as s29 of the CRA clearly makes the seller (Box) responsible for any damage caused to the goods before they are delivered into your "physical possession"*.  If Box want to take it up with their courier then that's up to them - but it isn't your problem.

Also point out to them that the CRA makes no mention of consumers having to notify sellers of any damage within 7 days of delivery, and that s31 of the CRA specifically prohibits traders from trying to limit a consumer's statutory rights**.  Therefore their T&Cs which attempt to impose a 7 day time limit on consumers notifying them of damage is unlawful under consumer legislation and cannot be enforced.

Tell them you want a refund/replacement and that if they do not comply you will be quite happy to issue a court claim against them and that you will be making all the above points in your claim.

(As the lunatic said, be polite and calm - but be assertive too)

If they refuse to cough up after that, and you are 100% happy that the damage was not caused after delivery, send them a Letter Before Claim giving them 14 days to comply and prepare to issue a claim if (or when) they fail to comply.


*  s29  Consumer Rights Act 2015 (legislation.gov.uk)

**  s31  Consumer Rights Act 2015 (legislation.gov.uk)

cymruchris

I've used BOX.co.uk as an existing customer - I think my last purchase was around a thousand pounds - but reading through this thread where a common sense human reply appears to have gone out the window - whereby as much as you'd expect people to open a box and test something pretty quickly on receipt - common sense would say that if you buy it just before Christmas for a Christmas present, it might not be inspected internally until its been unwrapped on Christmas day. Policies, laws, rules - whatever are all important - but there should be a bit of leeway in a circumstance like this, whereby BOX.co.uk would make good the problem with the minimum of fuss.

It would certainly put me off using them again. Please do update us as to how you get on moving forwards.