Advice on distance selling & damaged goods
Hi all,
Hoping someone here can give me some advice on this. I ordered a mirrored bathroom cabinet (actually 2 x 600mm cabinets which were sold as a 1200mm cabinet) a couple of weeks ago as we are having our bathroom refitted. They arrived last Tuesday and as it was all wrapped up nicely on a pallet, I left it whilst the bathroom was tiled etc. When I unwrapped it on Sunday evening, I found that the cabinets were both damaged with the mirrors cracked.
I contacted the company today and they advised that as the items hadn't been checked within 48 hours, then they wouldnt refund / replace but would offer a discount on a replacement.
I replied after a quick google to say that the items were covered by the distance selling regulations and the consumer rights act, so I wouldn't accept a discount and instead requested a refund.
They replied to say I could return them (I assume at my own cost) as unwanted items. But their paperwork specifically states that to do that, the items must be undamaged.
So, I'd appreciate it if anyone has any knowledge on such things could advise on this 48 hours checking thing and whether I am right to push for a refund. I can't see how they can refuse based on the items being damaged and the 48 hours just feels like a way out of things from their side and doesnt feel like it has a legal basis.
Thanks in advance!
Mike