[Resolved] Daals customer service being unreasonable - next steps?

maxxpayne

Hi There,

We recently purchased a garden furniture set from daals. The set consists of a large 3 seater measuring approximately 230cm and two chairs and a table. All paid using a credit card.

When the delivery arrived, the delivery drivers couldn't take the furniture to our back garden as the sofa was fully assembled with table in a giant box that wouldn't go through the back door despite it being quite big. Since a few of our friends were coming along later that day I received the items and and when they did arrive, we managed to unpack the whole thing and lifted up the sofa and chairs to the garden. I wanted to mention the packaging, size and volume challenge up front as this has implications.

After unpacking and assembly, I noted that the sofa set had some rattan weave missing which I wouldn't mind if it were in the back but was in one of the arms and stuck out like a sore thumb exposing the frame underneath. I also discovered a couple of other cosmetic issues.

I reached out to Daals customer service within days and made them aware of the issue and asked them if we can settle for a partial refund as the return logistics alone will probably cost them many hundreds of pounds.

They agreed to look into this and initially offered me £100 and then £125. I pointed out that this is not sufficient as it's close to 5% of the overall purchase price and I'm the one who has to live with the defect for the lifetime of the product and demanded at least £200 which they refused.

So I asked them to do a replacement since we couldn't agree on the refund. And this is where things get weird.

They asked me to take responsibility for packing up the furniture for return. Here's their email.

Thank you for confirming that you’d like to proceed with the exchange.

Before we can arrange the next step, could you please send us a quick photo showing that the items has been fully dismantled and safely repackaged?
Please package the large sofa (remove the cushions). and table.

If the original boxes are no longer available, you may use any suitable alternative packaging to ensure the item is secure.

This helps us ensure everything is ready for collection and prevents any delays.

Once we receive this, we’ll be able to continue with your request right away.

Please note, we kindly ask that this image is provided within 10 working days of this email so we can keep your case moving forward without delay.

And this was my reply:

The furniture is available for collection and I am happy to cooperate with reasonable collection arrangements.

However, the original packaging was disposed of after assembly in the normal course and I do not agree that I am responsible for sourcing or paying for replacement packaging and packaging it for goods being rejected due to manufacturing defects. I did my best to avoid this situation with a partial refund but clearly you’re not interested. 

Please confirm collection arrangements for the items in their current assembled condition, or alternatively confirm that you will provide any packaging materials required for transit and package them up at point of collection. 

To which they replied:

We do apologise as the faulty parts needs to packaged in any form before we can exchange them for a new one. You may use bubble wrap or polyethylene to wrap the 2 components . Please note that we are unable to initiate the exchange request if do not have a photo of the wrapped up items. At this time we do not supply/send boxes for this exchange process.

We look forward to your response and kind understanding for this.

Clearly Daals are on the wrong here asking me to take responsibility of packaging for a big set like this? Worse, if I agree and there's damage in transit, they might even blame me and things will get even worse.

How should I respond? Should I still try to get a higher refund or maybe ask them for an outright return instead of replacement (although I don't see how the return logistics can be avoided).

Okell

Tell them to supply the packing materials

It's their responsibility to organise collection so I'd expect them to supply what they know to be suitable packing materials

Alderbank

https://forums.moneysavingexpert.com/discussion/6673520/daals-customer-service-being-unreasonable-next-steps

The relevant legislation here is in s7 and s8 of the Consumer Rights Act:

the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed [and]…the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them.

So what do the T&Cs say about returning goods? We are talking about garden items which by definition are broken, so could be broken pottery, broken glass, sharp metal corners, etc. In your case there will be sharp bits of rattan sticking out. They are not insisting on original packaging, just saying bits of cardboard or polythene will do. A picture of the item to be collected seems a wise safety precaution for the courier's handlers

Woodstok2000

I think it is your responsibility to package the item for return, either using the original packaging or a suitable alternative.

Thats definitely the case with the short term right to reject, and I dont think the fact the item was damaged would change that.

maxxpayne

https://forums.moneysavingexpert.com/discussion/comment/82043645#Comment_82043645

From …

https://www.daals.co.uk/pages/returns-policy. I don't see anything about packaging.

Missing or Damaged Parts

Please ensure that you check all parts and components prior to assembly. In the event that there are any damages, please do not carry on with assembly and contact us.

We hold a back catalogue of parts for most of our products. In the event that you receive an item from daals and there is a missing or faulty part, please contact us within 7 days of receiving your delivery. Please give as much information as possible including the product details, the part number/ID and a description detailing whether the part is missing or damaged. We will then check our stock to see if we hold a replacement part.

If we do have the part in stock then we will arrange for this to be sent to you, but in the event that we do not have a replacement, then we will arrange for a swap for you if there is stock, or collect the item and issue you a full refund.

Alderbank

I don't see anything about packaging…

Nothing in the T&Cs you just posted? Not even any of these?…

…please retain the original packaging for the product for at least 30 days. This will give you time to contact us to discuss your concerns, for us to reach a resolution and if agreed, arrange a return of the item using the original packaging.

…We know that it is exciting to receive a new piece of furniture, and the temptation to rip the packaging is great. Please try not to do this, and keep all of the packaging until you have checked the item over and decided to keep it.

…We really advise you to keep the packaging until you are sure you do not wish to change your mind as we are not able to provide you with any new packaging for the collection and return of your product.

the_lunatic_is_in_my_head

I don’t think they can insist upon this if the trader is bound to collect, (if the consumer has agreed to return probably can) as the legislation assumes the trader will collect and why would there be any need for packaging, if the trader decides to use a third party to fulfil their obligation they should have something in place for this.

I wouldn’t want great big boxes clogging up the house for 30 days (although I would throw them away until the things inside had been looked at for any obvious issues).

https://forums.moneysavingexpert.com/discussion/comment/82043647#Comment_82043647

I’m not sure that’s stated anywhere?

To the OP, did you pay on a credit card or any kind of finance?

Woodstok2000

https://forums.moneysavingexpert.com/discussion/comment/82044072#Comment_82044072

Not stated either way in the rules that I could see, but Citizens advice (not infallible, but usually a good guide) says:

"You don't have to return the item in its original packaging, but you do need to make sure it’s packaged in a way that means it doesn’t get damaged. Sellers can ask you to pay if something gets damaged because it wasn’t packaged properly."

Thats for a change of mind rather than damage, but I dont see why that would make a difference to the packagin requirement.

https://www.citizensadvice.org.uk/consumer/changed-your-mind/changing-your-mind-about-something-youve-bought/

born_again

https://forums.moneysavingexpert.com/discussion/comment/82043637#Comment_82043637

Given OP flagged issue same day. Surely they still have all packaging?

as the sofa was fully assembled

After unpacking and assembly, I noted that the sofa set had some rattan weave missing which I wouldn't mind if it were in the back but was in one of the arms and stuck out like a sore thumb exposing the frame underneath. I also discovered a couple of other cosmetic issues.

maxxpayne

Thank you everyone for your input. Appreciated as usual.

I reached to Daals customer service again and told them that it’s in their best intestine to come to an agreeable partial refund and this time they came to their senses and have just done so.

I really wish that they’d have done it sooner.

As for their terms of keeping packaging around, it’s practically impossible. Almost 3mx2m heavy card board boxes. Despite living in a large house with a summer house and shed, no way we could keep that amount of packaging around. And leaving it externally, which we did for a couple of days resulted in the packaging getting soaked and unusable.

Aylesbury_Duck

https://forums.moneysavingexpert.com/discussion/comment/82045473#Comment_82045473

Sounds like they didn't have the stomach for a prolonged fight.