Unfair Contract Term?
Discussion
TooMany2cvs said:
Money that would, otherwise, have gone onto those customer's purchase costs.
That, surely, is the point. Those companies packaging their products properly will be penalised. Or rather, will be encouraged to ignore the requirements and be sloppy themselves. The answer is clear: package properly.Derek Smith said:
TooMany2cvs said:
Money that would, otherwise, have gone onto those customer's purchase costs.
That, surely, is the point. Those companies packaging their products properly will be penalised. Or rather, will be encouraged to ignore the requirements and be sloppy themselves. The answer is clear: package properly.An extra quid or two's packaging to protect £40 of glass is a no-brainer anyway.
Paying £200 to replace £40 of glass because the customer (who's going to be spending hours assembling the damn thing anyway) thinks he knows his rights is just daft.
TooMany2cvs said:
No, they'll just say "Source the glass locally - it needs to be <dimensions>" if they've got any sense. Or they'll ship the glass separately from the frames. As they probably should've anyway.
An extra quid or two's packaging to protect £40 of glass is a no-brainer anyway.
Paying £200 to replace £40 of glass because the customer (who's going to be spending hours assembling the damn thing anyway) thinks he knows his rights is just daft.
I think the purchaser might well know his rights. He's got 30 days to reject the item. If it is faulty, the seller has one attempt to correct the fault. It appears that the seller has no idea of his obligations. An extra quid or two's packaging to protect £40 of glass is a no-brainer anyway.
Paying £200 to replace £40 of glass because the customer (who's going to be spending hours assembling the damn thing anyway) thinks he knows his rights is just daft.
I would suggest that if the seller had any sense they would have packaged the glass separately and strongly or sold the item without glass.
If every person who was supplied with faulty goods stood up to the sellers there would be a rise in standards.
I've recently had a dispute with a company failing to conform to contract law. I paid by credit card and they dealt with the matter. Money refunded. Advice on here when I sought it was to take it on the chin. I'd be £262 worse off if I had followed the advice.
I know my obligations and comply with them when buying goods. I pay promptly. I expect sellers to comply with their obligations as well.
In this specific case the clause, attempting to limit the buyer's legal rights, shows that they were aware of the problem but, rather than remedy it, they tried to ignore their obligations.
I agree with Derek. There are still companies out there who are either unaware of/not up to speed with the Consumer Rights Act 2015 and have failed to amend their T&Cs accordingly. T&Cs don't trump statute law.
Others do know yet still think the legislation doesn't apply to them and try to bluff customers accordingly. Compliance is part of the cost of doing business and has to be factored in to pricing. Companies which thumb their nose at the law create unfair competition and distort the market. They need to be stood up to and outed.
Others do know yet still think the legislation doesn't apply to them and try to bluff customers accordingly. Compliance is part of the cost of doing business and has to be factored in to pricing. Companies which thumb their nose at the law create unfair competition and distort the market. They need to be stood up to and outed.
Red Devil said:
I agree with Derek. There are still companies out there who are either unaware of/not up to speed with the Consumer Rights Act 2015 and have failed to amend their T&Cs accordingly. T&Cs don't trump statute law.
Others do know yet still think the legislation doesn't apply to them and try to bluff customers accordingly. Compliance is part of the cost of doing business and has to be factored in to pricing. Companies which thumb their nose at the law create unfair competition and distort the market. They need to be stood up to and outed.
That's what I meant to say.Others do know yet still think the legislation doesn't apply to them and try to bluff customers accordingly. Compliance is part of the cost of doing business and has to be factored in to pricing. Companies which thumb their nose at the law create unfair competition and distort the market. They need to be stood up to and outed.
janesmith1950 said:
Massively agree on pragmatism and only putting in the appropriate effort/stress/reward balance. However, if this was a Macbook that arrived with a broken screen, would the advice here be "go down to the Apple shop and buy a replacement"? After all, any person's 3 year old might have grabbed it and dropped it down the stairs.
That is quite a disingenuous analogy, I would imagine that most people purchasing a mac book have no idea how to assemble or disassemble one. Someone purchasing a self assembly cabin by definition feels they have the skills to put it up.I would by a ready made Macbook, as opposed to the bits to make one.
If anything the more correct analogy is to car parts, if you take your BMW to BMW and ask them to fit a new alternator, they fit it, valet the car and hand it back in a week the alternator fails they would not charge you another £800 to replace it.
If you go to a local auto factors, buy that same alternator for £100 to fit yourself, they give you a box and you leave and start spannering. It fails after a week would it be reasonable to expect them to then pay for your car to go the BMW for the replacement?
nikaiyo2 said:
That is quite a disingenuous analogy, I would imagine that most people purchasing a mac book have no idea how to assemble or disassemble one. Someone purchasing a self assembly cabin by definition feels they have the skills to put it up.
I would by a ready made Macbook, as opposed to the bits to make one.
If anything the more correct analogy is to car parts, if you take your BMW to BMW and ask them to fit a new alternator, they fit it, valet the car and hand it back in a week the alternator fails they would not charge you another £800 to replace it.
If you go to a local auto factors, buy that same alternator for £100 to fit yourself, they give you a box and you leave and start spannering. It fails after a week would it be reasonable to expect them to then pay for your car to go the BMW for the replacement?
The analogy was relating to the fact the part arrived broken and the recipient expected to suck the cost and hassle up, as opposed to any thought of fitting or skills (which are irrelevant to the point).I would by a ready made Macbook, as opposed to the bits to make one.
If anything the more correct analogy is to car parts, if you take your BMW to BMW and ask them to fit a new alternator, they fit it, valet the car and hand it back in a week the alternator fails they would not charge you another £800 to replace it.
If you go to a local auto factors, buy that same alternator for £100 to fit yourself, they give you a box and you leave and start spannering. It fails after a week would it be reasonable to expect them to then pay for your car to go the BMW for the replacement?
If you pay a business to deliver something and when they do it arrives broken, you should not have to accept the cost of sorting it, be it some glass for a garden shed or a computer. The buyer should be put back in the position they would have been were the goods delivered unharmed and complete, which it looks like the OP has, so jolly good stuff indeed!
98elise said:
Because life it too short.
They are willing to pay and its simply a matter of going into a local glazier and picking up a new pane.
life can throw these big issue your way every now and then. Sometimes its receiving the news that both your parents have dementia, and the Doctors want to discuss their end of life plan with you. Other times its a broken pane of glass on your new log cabin.
Sometime you just have to soldier through
They are willing to pay and its simply a matter of going into a local glazier and picking up a new pane.
life can throw these big issue your way every now and then. Sometimes its receiving the news that both your parents have dementia, and the Doctors want to discuss their end of life plan with you. Other times its a broken pane of glass on your new log cabin.
Sometime you just have to soldier through
R E S T E C P said:
I don't understand who has the time and ability to build a log cabin but is unable or has no time to pop off a bead and shove in some glass 
It will add 2 minutes to the build time.
A) It isn't a log cabin, and he isn't building it.It will add 2 minutes to the build time.
B) It will take longer than two minutes
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