consumer rights
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wjwren

Original Poster:

4,484 posts

165 months

Sunday 16th October 2016
quotequote all
Can anyone clarify this please? They seem reluctant to refund me for damaged goods.



Bought a canvas picture on line - came friday with rip in. Needed for birthday present today. I sent a picture of damage and asked for refund.

Response from company was:

We can look into this once the investigation has been carried out with our courier.

As per our terms and conditions, it is at our discretion whether to refund or replace, our general policy is that goods that are faulty or damaged are replaced.
We have stated throughout our communication that your item will be replaced.

MMT

598 posts

216 months

Monday 17th October 2016
quotequote all
Can you just send it back under the distance selling regulations within 14 days?

MMT

598 posts

216 months

Monday 17th October 2016
quotequote all

ging84

9,548 posts

176 months

Monday 17th October 2016
quotequote all
unless there is more too it, like it was custom made for you, or yo bought it as a business customer it's open and shut you can reject it for a full refund.

wjwren

Original Poster:

4,484 posts

165 months

Monday 17th October 2016
quotequote all
No it wasnt custom made just an off the shelf picture.

thanks

wjwren

Original Poster:

4,484 posts

165 months

Monday 17th October 2016
quotequote all
ive emailed these jokers back stating the terms of the law.
They state the courier didnt leave it with a neighbour but delivered it to me and the couriers wear a hidden camera?! - he didnt as I went next door to pick it up and they also left a card in my letter box.
They say the driver & their supervisor will be round this week to collect the goods and all being ok will action a refund.

Piss poor customer service. Also they seem to have a million reviews on Reviews.co.uk which seem highly fake.

Anyone after a canvas or picture then look elsewhere!

Moderator edit: no naming & shaming please.

Edited by jeremyc on Monday 17th October 17:00

lostmotel

156 posts

165 months

Monday 17th October 2016
quotequote all
Without having to even consider the Consumer Contracts regulations, the Consumer Rights Act provides for a short term right to reject if the goods are not of satisfactory quality. This can be repair/replacement, or a full refund, which you have asked for.

So tell them as per their terms and conditions, it is not at their discretion, and that they will be giving you a refund, not "all being well".

Edited by jeremyc on Monday 17th October 17:01

Sheepshanks

41,195 posts

149 months

Monday 17th October 2016
quotequote all
Hmmm...careful here. You can return the goods under distance selling type of stuff, but you're required to take care of them and return them undamaged.

Lynchie999

3,628 posts

183 months

Monday 17th October 2016
quotequote all
surely its filed under "not fit for purpose" ....

Red Devil

13,524 posts

238 months

Monday 17th October 2016
quotequote all
Unless the supplier is contracting to sell damaged goods to the purchaser it doesn't have a leg to stand on. Any comeback it may have is with the courier it contracted with to make the delivery.

On a general point, be very wary if buying through Amazon. If you see the words 'fulfilled by Amazon' anywhere in the buying process be prepared for a world of hassle if things go pear shaped.

wjwren

Original Poster:

4,484 posts

165 months

Monday 17th October 2016
quotequote all
as an afterthought, has anyone heard of this reviews.co.uk website? All the reviews are glowing for that company but there is nowhere to leave your own review. Also the reviews are all the same very short couple of sentences saying basically the same crap.

Edited by jeremyc on Monday 17th October 17:01

KevinCamaroSS

13,846 posts

310 months

Monday 17th October 2016
quotequote all
Red Devil said:
On a general point, be very wary if buying through Amazon. If you see the words 'fulfilled by Amazon' anywhere in the buying process be prepared for a world of hassle if things go pear shaped.
Never had any trouble with this, sent stuff back several times, no problems at all.

Alucidnation

16,810 posts

200 months

Monday 17th October 2016
quotequote all
So, you had received damaged goods on Friday, have had contact from them saying they will replace it.

What's the issue?

wjwren

Original Poster:

4,484 posts

165 months

Monday 17th October 2016
quotequote all
was for a present. They were hesitating about refunding. As above really told me it had been delivered to neighbour and had video evidence. When it hadnt.

ging84

9,548 posts

176 months

Monday 17th October 2016
quotequote all
Lynchie999 said:
surely its filed under "not fit for purpose" ....
Why are people so obsessed with this?
The requirement that something be fit for purpose is irrelevant 99% of the time.
The requirement that it be of satisfactory quality is relevant all of the time.

Mill Wheel

6,149 posts

226 months

Tuesday 18th October 2016
quotequote all
wjwren said:
ive emailed these jokers back stating the terms of the law.
They state the courier didnt leave it with a neighbour but delivered it to me and the couriers wear a hidden camera?! - he didnt as I went next door to pick it up and they also left a card in my letter box.
They say the driver & their supervisor will be round this week to collect the goods and all being ok will action a refund.

Piss poor customer service. Also they seem to have a million reviews on Reviews.co.uk which seem highly fake.

Anyone after a canvas or picture then look elsewhere!

Moderator edit: no naming & shaming please.

Edited by jeremyc on Monday 17th October 17:00
My business is on a small estate, and a couple of times when stuff arrived damaged, it had been delivered to a nearby business instead... despite somebody being in at the time!

I suspect it was because they know another person will always sign for the damaged package without checking or querying it. I took the step of asking neighbouring businesses not to take in parcels from one courier company... which eventually went bust!

Was your picture packed adequately?

Skyrat

1,185 posts

220 months

Tuesday 18th October 2016
quotequote all
Where did you order it from? I ordered a print from Picanova, who are based in Germany. Under their consumer laws, and because the product is custom made, you are not entitled to a refund straight away. They are allowed to send you a replacement. From memory I think they offer a refund if two replacements have been faulty.

7db

6,060 posts

260 months

Tuesday 18th October 2016
quotequote all
Not unreasonable for them to want to confirm the facts prior to refunding. Consumer contracts gives them 30 days to refund in the event of a cancellation and SoGA they can require a return (at their expense) before refunding, repairing or replacing (their choice) within a reasonable timeframe.

Buyer appears to believe that he's going to get a bad experience and so is having one. The facts are going to show that he is refunded.

OverSteery

3,794 posts

261 months

Tuesday 18th October 2016
quotequote all
7db said:
Not unreasonable for them to want to confirm the facts prior to refunding. Consumer contracts gives them 30 days to refund in the event of a cancellation and SoGA they can require a return (at their expense) before refunding, repairing or replacing (their choice) within a reasonable timeframe.

Buyer appears to believe that he's going to get a bad experience and so is having one. The facts are going to show that he is refunded.
In this case the goods were damaged on arrival, so it would seem 'fair' that cost of the return to be paid by the supplier. Is this covered under Consumer Rights?