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Thread: Advice on distance selling & damaged goods

  1. #1

    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

  2. #2
    Master jukeboxs's Avatar
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    I'll let the experts confirm. But, Which make no mention of this shorter window. I'm assuming your position is not hampered by not having signed receipt as "goods received but not inspected" (if that's still a thing post-Covid).

    https://www.which.co.uk/consumer-rig...t-ab7zM8I20EAO

  3. #3
    Craftsman
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    In this case I believe the goods are classed as faulty as they have arrived damaged. You are entitled to return and get refunded, they should also pay for the return or reimburse your return cost.
    I imagine the 48 hours line is to do with their contract with the delivery company, ultimately that's not your problem.

    Obviously if they hold firm then there isnt much you can do other than small claims. I guess a lot of people wont bother which is why they try.

  4. #4
    OK thanks both; the link is usefull too.

    I'll go back to them and push further.

  5. #5
    Quote Originally Posted by Rob s View Post
    Obviously if they hold firm then there isnt much you can do other than small claims. I guess a lot of people wont bother which is why they try.
    Of course there is, contact your card supplier & request a chargeback. Tell the supplier that this is what you're doing and that the goods will be stored for the next 14 days for them to collect.
    People do not often realised that debit card suppliers have a scheme that matches the legally mandated credit card section 75 stuff. You may need to be very insistent to get them to do the chargeback but they will do it if you push.

  6. #6
    Master PhilipK's Avatar
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    Quote Originally Posted by MikeJSmith View Post
    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.
    Did you order over the telephone or online? Assuming that they have a web site, is there any mention in their Terms and Conditions about damages having to be notified within 48 hours? In other words, is there any way that you could/should have known of this requirement in advance of purchasing the cabinets? If not, I don't see how they could justify it.

    That they have offered a discount suggests that they are accepting responsibility for the damage, and are just arguing about the size of their liability, so that should help your case. (Looking at it from the other side, I imagine it's not unknown for them to have customers who have damaged the cabinets while fitting them, who then claim that they were damaged in transit...)

  7. #7
    I paid through PayPal with a linked debit card.

    I see PayPal have a resolution process, but would I go through them or the card? I guess PayPal?

    Iím hoping me being a pain will get them to do it themselves; Iíll give them a couple of days.


    Sent from my iPhone using Tapatalk

  8. #8
    And Iíll check the tís and cís too.

    I also think the item is not as described, as I bought a 1200mm cabinet and was sent 2 600mm cabinets.


    Sent from my iPhone using Tapatalk

  9. #9
    Master Tenko's Avatar
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    Quote Originally Posted by MikeJSmith View Post
    And Iíll check the tís and cís too.

    I also think the item is not as described, as I bought a 1200mm cabinet and was sent 2 600mm cabinets.


    Sent from my iPhone using Tapatalk
    This, had similar with a mirror purchased for my wife as a gift. I didn't discover the damage until my wife unpacked it (approx 2 weeks after arrival). Seller refused to agree to a return. Got them on not as described as they made an error on their website with the dimensions of the mirror.

    Money was refunded under a section 75 if I remember correctly.

  10. #10
    Master
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    This happened to my bother recently- mirror and vanity unit - the company ( not sure which) replaced both immediately

  11. #11
    Master M1011's Avatar
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    Go through PayPal, tell the retailer you're having none of their BS and you'll be having a full refund. PayPal will back you up, just take some photos.

  12. #12
    Ok, thanks all. Itís good to get confirmation. Also good to know that PayPal are supportive with this kind of thing.


    Sent from my iPhone using Tapatalk

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