Consumer Rights Act Query
Discussion
Hoping someone is able to assist with whether I have any rights or not. I ordered a glazed oak door online, which was eventually delivered in undamaged, unmarked cardboard packaging. On the basis of the undamaged packaging I tucked the door away before leaving the house the following day for a week away with work.
When I opened the packaging the following weekend, despite the outer packaging being undamaged, the door within was damaged on one edge, it would appear from what looks like a nylon strap used to secure a stack of doors on a pallet or similar. Somewhat perturbed I reported the damage to the supplier, who's terms are as follows:
[i]On arrival at your premises, before you unpack please check that there has been no obvious damage to the goods or packaging by the courier or delivery company.
If any damage is found, please follow these procedures:
If the goods are clearly damaged: please refuse delivery and mark the delivery note or hand-held computer, as badly damaged and returned. Then call our customer service line to inform us on 01246 383 242.
If only the outer packing has some damage: please accept the goods and mark the delivery note ‘packaging damaged'. You should unpack the doors and check for manufacturing faults, defects or missing parts within 48 hours of delivery.
We ask that any goods that are missing or damaged through clear packaging are to be reported within 48 hours, if not reported on the delivery documentation. Failure to do-so may result in any claim(s) being rejected. Any product that is modified from delivered form and/or installed is deemed acceptance of merchantable quality, and damage claims after installation has begun will be rejected in full.[/i]
Having reported the damage after 48 hours I have had my claim rejected, however my reading of the above is that each part is sequential rather than standalone i.e. if the outer packaging had some damage I was to unpack and check for damage etc. within 48 hours. As my outer packaging was unmarked I did not need to unpack and check, which had the door been delevered solely in clear packaging (per third point above) I would have done. The drafting is somewhat ambiguous in this regard I believe.
I have the right to cancel my order subject to returning the door at my own cost, however upon receipt they will check the door for damage and only refund if undamaged, which is of course my primary reason for return...
Reading the Consumer Rights Act I am not sure whether I have any rights to exchange or a full refund (assuming I return at my own cost), or whether I am effectively stuck with the door and needing to make the best of it instead. If anyone wiser than me is able to assist I would be very grateful!
When I opened the packaging the following weekend, despite the outer packaging being undamaged, the door within was damaged on one edge, it would appear from what looks like a nylon strap used to secure a stack of doors on a pallet or similar. Somewhat perturbed I reported the damage to the supplier, who's terms are as follows:
[i]On arrival at your premises, before you unpack please check that there has been no obvious damage to the goods or packaging by the courier or delivery company.
If any damage is found, please follow these procedures:
If the goods are clearly damaged: please refuse delivery and mark the delivery note or hand-held computer, as badly damaged and returned. Then call our customer service line to inform us on 01246 383 242.
If only the outer packing has some damage: please accept the goods and mark the delivery note ‘packaging damaged'. You should unpack the doors and check for manufacturing faults, defects or missing parts within 48 hours of delivery.
We ask that any goods that are missing or damaged through clear packaging are to be reported within 48 hours, if not reported on the delivery documentation. Failure to do-so may result in any claim(s) being rejected. Any product that is modified from delivered form and/or installed is deemed acceptance of merchantable quality, and damage claims after installation has begun will be rejected in full.[/i]
Having reported the damage after 48 hours I have had my claim rejected, however my reading of the above is that each part is sequential rather than standalone i.e. if the outer packaging had some damage I was to unpack and check for damage etc. within 48 hours. As my outer packaging was unmarked I did not need to unpack and check, which had the door been delevered solely in clear packaging (per third point above) I would have done. The drafting is somewhat ambiguous in this regard I believe.
I have the right to cancel my order subject to returning the door at my own cost, however upon receipt they will check the door for damage and only refund if undamaged, which is of course my primary reason for return...
Reading the Consumer Rights Act I am not sure whether I have any rights to exchange or a full refund (assuming I return at my own cost), or whether I am effectively stuck with the door and needing to make the best of it instead. If anyone wiser than me is able to assist I would be very grateful!
Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. If you feel the doors do not meet these conditions then you can request a refund up to 30 days from date of purchase.
Consumer Contract Regulations allow you to change your mind and get a refund up to 14 days from date of purchase for things bought from home.
The seller's terms don't supersede the law so inform them you are rejecting the doors as they are damaged.
If you paid by debit or credit card you can also raise a chargeback or Section 75 claim respectively.
Consumer Contract Regulations allow you to change your mind and get a refund up to 14 days from date of purchase for things bought from home.
The seller's terms don't supersede the law so inform them you are rejecting the doors as they are damaged.
If you paid by debit or credit card you can also raise a chargeback or Section 75 claim respectively.
skyebear said:
Consumer Contract Regulations allow you to change your mind and get a refund up to 14 days from date of purchase for things bought from home.
Though note that the blanket right to return would not apply if the doors had been made to order or otherwise customised. You would of course still have the right to return them if they were faulty or delivered damaged.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff