Replacement book damaged - What Are My rights?

ticklish_allsort

Hello - I bought a collectable, decorative book online and it arrived damaged on the dust jacket and on the decorative edge (it has sprayed artwork). The company eventually agreed that it fell within their company's policy for level of damage and said I had to return it before I could have a replacement. The replacement has arrived damaged too and even though the damage falls within their company policy, they won't replace. I'm not interested in a discount or a refund - I just want the book that I pad for, and in good condition ie undamaged. The damage wasn't sustained during transit. I've even compromised by saying I'll happily accept a replacement dust jacket but this seems to be constantly ignored. The customer service rep says that as it's still "functional" as a book, he doesn't have to replace under UK consumer law.

Can anyone let me know what they think?

Woodstok2000

A few extra details would be useful:

Did you buy from a business, and from their website? Or via ebay/Facebook etc?

Can you provide a timeline of dates of when the books arrived and tour communications with the seller?

How much did you pay, and how did you pay?

Was it sold as being a 'new' product, I.e. unused and undamaged?

How bad is the damage (pictures would help)?

Grumpy_chap

Is it an out-or-print book so the only option is to purchase as a used book? If so, pristine versions may be very hard to source. There are typically descriptive guides for second hand books and condition (like I have shared below). What was the descriptor classification for you book?

As a remote purchase, you may still be able to pursue change of mind refund. If that remains available, you get returned to the position you were previously but still need to source the book elsewhere.

Typical Descriptors Used Book Condition

New

• A brand new, unused, unread copy in perfect condition.

Like New

• An unread copy in perfect condition. Pages are clean and not marred by notes or folds of any kind.

Very Good

• A book that has been read but remains in excellent condition. 
• It may have writing on the inside cover such as an inscription from the previous owner 
• A minimal amount of creasing to the spine
• Minimal note taking/highlighting
• Minimal discolouration of the pages
• Dust jacket present

Good

• A book that has been read but remains in clean condition. 
• The spine may show signs of wear. 
• Pages can include notes and highlighting.
• Dust jacket may be scuffed or torn,
• Mild creasing of cover
• Slightly loose bindings
• Mild browning
• Could have highlighting or note-taking through more than 15 pages.
• This book may come with library stamps within the first few pages. The cover may come with a plastic sleeve around it. There is also the possibility of library stickers on the cover or within.

Well-Read

• A readable copy. 
• Pages can include considerable notes-in pen or highlighter.
• The spine could be warped with cracking and scuffing
• The cover may be discoloured and creasing
• Could be without endpapers or title page
• Could have some water damage
• Cover slightly torn
• This book may come with library stamps within the first few pages. The cover may come with a plastic sleeve around it. There is also the possibility of library stickers on the cover or within.

Hello - I bought a collectable, decorative book online and it arrived damaged on the dust jacket and on the decorative edge (it has sprayed artwork). The company eventually agreed that it fell within their company's policy for level of damage and said I had to return it before I could have a replacement. The replacement has arrived damaged too and even though the damage falls within their company policy, they won't replace. I'm not interested in a discount or a refund - I just want the book that I pad for, and in good condition ie undamaged. The damage wasn't sustained during transit. I've even compromised by saying I'll happily accept a replacement dust jacket but this seems to be constantly ignored. The customer service rep says that as it's still "functional" as a book, he doesn't have to replace under UK consumer law.

Can anyone let me know what they think?

flaneurs_lobster

There are typically descriptive guides for second hand books and condition (like I have shared below).

Where's "slightly foxed"?

ticklish_allsort

Just to clarify:

New book, purchased from business on a website.

the_lunatic_is_in_my_head

As far as consumer rights goes it is repair/replace as first tier remedy (which has occurred), whist you may attempt to agree another repair/replace they don't have to agree and second tier remedy is reject for a full refund/price reduction (your choice of which).

Advise them the goods are not of satisfactory quality:

https://www.legislation.gov.uk/ukpga/2015/15/section/9

(c)freedom from minor defects;

and if they are unable to offer another replacement you are seeking a price reduction:

https://www.legislation.gov.uk/ukpga/2015/15/section/24

Just to note they should be covering the cost of returns:

https://www.legislation.gov.uk/ukpga/2015/15/section/23

(2)If the consumer requires the trader to repair or replace the goods, the trader must—

(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

Separate to the CRA, you can of course claim damages for breach of contract, buy the book elsewhere and claim the difference from them, although expect a battle.

I find it weird that anyone would buy a book for it's decorative qualities alone.

Many do for all types of products and many companies are making products specifically to be sat on a shelf and be kept as a treasure that is wanted in pristine condition. I agree if you buy a book to read who cares about minor imperfections but if a product is made for the purpose of being collected rather than read/used then companies have to expect customers to be picky about condition.

Grumpy_chap

If this is a brand new book that is being purchased (and available as a brand new book), are you able (still within time) to return the book under CCR change of mind?

If so, return this book and then go to a bookstore and purchase the book in person. That will allow you to inspect the book being purchased and ensure that the copy you select is undamaged. You may pay a bit more, potentially, for an in store purchase but as part of the rationale for this purchase is the "collectability", then the condition is important to you and this route to acquisition will ensure the condition of the book.

ticklish_allsort

https://forums.moneysavingexpert.com/discussion/comment/82048417#Comment_82048417

Thanks so much. It can't be purchased instore. Only this seller sells this book and only online. Very niche

born_again

https://forums.moneysavingexpert.com/discussion/comment/82048398#Comment_82048398

Given 2 have been damaged on receipt, then the offer of a refund is within CCR remit. They do not have to keep sending out books till you are happy.

Sending out a new dust cover means that they are going to end up with a book without a cover or a damaged one.

the_lunatic_is_in_my_head

https://forums.moneysavingexpert.com/discussion/comment/82048430#Comment_82048430

Some of these places that do such things well will keep a small % back to cover such instances, usually customers are invested in the brand or ideal so keeping them happy means very long term customers which far outweigh the production cost of a handful of units.🙂

ticklish_allsort

https://forums.moneysavingexpert.com/discussion/comment/82048430#Comment_82048430

https://forums.moneysavingexpert.com/discussion/comment/82048453#Comment_82048453

Thanks so much for understanding the situation regarding pristine copies for collecting and for this! They absolutely do keep a percentage of dust covers for issues like this.