A quick (I think!) consumer law question...

A quick (I think!) consumer law question...

Author
Discussion

WindyCommon

Original Poster:

3,375 posts

239 months

Monday 5th December 2016
quotequote all
I'm hoping for a little help with this.

I bought an item from a UK business using their website. In completing the purchase I accepted their t&c's. The item arrived and I left it un-opened for 10 days. When I opened the box the item was damaged. I would like a refund. The supplier has told me that their t&c's say that damage must be reported within 7 days. I accept that I haven't complied with this.

Do t&c's agreed to in this way override the 30 days provided by the Consumer Rights Act?

Thank you in advance.

CoolCurly

210 posts

211 months

Monday 5th December 2016
quotequote all
You have 14 days change of mind (distance selling act) so send it back anyway.

If they complain its damaged on return, blame the courier.


CoolCurly

210 posts

211 months

Monday 5th December 2016
quotequote all
http://www.which.co.uk/consumer-rights/regulation/...

Its now called the consumer contracts regulations but the link will still show the 14 days.

Good luck.


WindyCommon

Original Poster:

3,375 posts

239 months

Monday 5th December 2016
quotequote all
Thank you. I have looked a little more closely at the actual dates here:

11/11/16: Order placed
15/11/16: Item delivered
30/11/16: Box opened, damage discovered and notified

My delay has cost me the protection of the Distance Selling Regulations that you highlighted. Clearly I should have opened/checked the item sooner.


So, I think this comes down to my original question of whether t&c's can override the statutory protection of the Consumer Contracts Regulations which say:

"30-day right to reject: Under the Consumer Rights Act you have a legal right to reject goods that are of unsatisfactory quality, unfit for purpose or not as described, and get a full refund - as long as you do this quickly. This right is limited to 30 days from the date you buy your product."

Any input on this question would be most gratefully received. Thank you in advance.

Edited by WindyCommon on Monday 5th December 14:12

johnfm

13,668 posts

250 months

Monday 5th December 2016
quotequote all
They cannot exclude your stat rights under the CRA15.

BertBert

19,040 posts

211 months

Monday 5th December 2016
quotequote all
What he said...
johnfm said:
They cannot exclude your stat rights under the CRA15.

WindyCommon

Original Poster:

3,375 posts

239 months

Monday 5th December 2016
quotequote all
Thank you. I've shipped the item back to them and sent an email asserting more confidently that a full refund is required.

Their last email to me read as follows, so it'll be interesting to see if they fold...

"Dear ---,

Thank you for sending us photos of the damaged --- and damaged packaging. Any damages must be reported within 7 days as per our returns policy (see below) for us to offer you a full refund so that we are able to make a compensation claim against our courier, unfortunately you have informed us of the damage to your --- 14 days after delivery.

However I have spoken to my Directors and I can offer to have your --- fully repaired free of charge if you ship it back to us. Alternately you can send it back to us for a partial refund but we would need to deduct 10% as the damage wasn’t reported to us within 7 days.

Please let me know how you would like to proceed."

7db

6,058 posts

230 months

Monday 5th December 2016
quotequote all
Old law they might have had the chance to repair at their choice for a damaged item. New law you have an absolute right to a rejection in time.

I'd be reaching for the credit card company to help out very shortly.

akirk

5,390 posts

114 months

Monday 5th December 2016
quotequote all
Dear Sir,

please comply with the law
I will look forward to a full refund in my bank account by close of play on...

yours etc.

OP

WindyCommon

Original Poster:

3,375 posts

239 months

Monday 5th December 2016
quotequote all
Update - resolved without further issue:

"Hi ---

Thank you for arranging to send this --- back to us. As soon as I receive it I will send you an email to confirm.

I have spoken to my Directors and they have agreed to give you a full refund on this occasion. We process refunds on a Friday so if we receive the lightbox back on Wednesday or Thursday this week we will process the refund on Friday."

PH is great for checking your ground on questions like this before diving in head first. Thank you all for taking the time to respond.

Mojooo

12,720 posts

180 months

Tuesday 6th December 2016
quotequote all
They appear to have terms and conditions inconsistent with UK law - essentially gives you 30 days to discover if goods are compliant.