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    • Jameso74
    • By Jameso74 8th May 18, 9:35 PM
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    Jameso74
    T&Cs Vs Statutory rights
    • #1
    • 8th May 18, 9:35 PM
    T&Cs Vs Statutory rights 8th May 18 at 9:35 PM
    Iíve recently taken delivery of a new front door that arrived damaged. I notified the manufacturer 5 days after delivery providing images of the damage. They have informed me they are not willing to do anything as their T&Cs state I should have informed them of the damage within 48hrs.

    Due to bank holiday weekend the manufacturers office closed before the 48 hr deadline expired and didnít open again until over 5 days had passed at which point I had rang and emailed. They are claiming that I should have sent an email to be received by them before the 48hrs is up.

    After some quick research it looks to me that i have 30 days to inform them of the damaged and to seek a resolution.

    Any advice as to if T&Cs of Stat. Rights determine my rights would be greatly appreciated.
Page 1
    • KeithP
    • By KeithP 8th May 18, 9:41 PM
    • 7,143 Posts
    • 6,599 Thanks
    KeithP
    • #2
    • 8th May 18, 9:41 PM
    • #2
    • 8th May 18, 9:41 PM
    Quite simply, their Terms and Conditions cannot remove or alter your Statutory Rights.

    If you are a consumer, then that's it really. Nothing more to be said.

    Section 31 of The Consumer Rights Act 2015 explains it.

    Did you buy direct from the manufacturer?
    If not, your statutory rights under the CRA are with the seller, not the manufacturer.
    Last edited by KeithP; 08-05-2018 at 10:42 PM.
    .
    • Ectophile
    • By Ectophile 8th May 18, 9:43 PM
    • 3,121 Posts
    • 1,990 Thanks
    Ectophile
    • #3
    • 8th May 18, 9:43 PM
    • #3
    • 8th May 18, 9:43 PM
    Assuming you're a consumer and not a business, you have a legal right to 30 days to report faulty products. No terms and conditions can change that.

    If you paid by credit card, consider contacting the card company for a refund under section 75 of the consumer credit act.

    If it was by debit card, look into a chargeback instead.
    If it sticks, force it.
    If it breaks, well it wasn't working right anyway.
    • agrinnall
    • By agrinnall 9th May 18, 9:06 AM
    • 20,113 Posts
    • 15,833 Thanks
    agrinnall
    • #4
    • 9th May 18, 9:06 AM
    • #4
    • 9th May 18, 9:06 AM
    If you didn't buy direct from the manufacturer then your statutory rights are with the seller, that manufacturer can impose whatever terms they like on their supply to you. So, the key question that you need to answer is which did you buy it from?
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