Damaged good rights

[pigleychez]

Hi,

I recently purchased a fireplace online. The fireplace turned up well packed on Monday was signed for it, (no time to inspect as it was fully packed up and the driver would not have waited). Having a busy week at work and a toddler in the house we unpacked it this weekend when we intended to fit it. When unpacked we noticed that the mantle was damaged so naturally i phoned the company to report this. I was then told that they would not replace it and I would have to pay for a new mantle, as I didn't report the damage within 48 hours as stated in their terms and conditions. This is likely to cost around £200 so I am pretty annoyed at this.

In some ways I feel stupid that I didn't inspect it straight away but even so, I think its very unfair that I have to pay out more when the company delivered me damaged goods. The companies terms and conditions are here:

stovesareus.co.uk/catalog/conditions.php

Is there any action I can take to "persuade" them to change their mind or am I stuffed? Are their terms and conditions actually fair?

[MissAnneElk]

I don't know for sure, but I think the legal position would be that you would have to report any damage within a reasonable time. This is obviously a bit vague and woolly, but I would say it's reasonable that you wouldn't open the package until read to fit it and the weekend after delivery sounds perfectly reasonable to me. Did you pay on a credit card? If yes contact the credit card company for advice. If you didn't do you have any insurance policies which offer free legal advice as part of it?

[underactivethyroidmum]

Yes you do have a claim for a replacement - it is immaterial that you did not inspect the fireplace.

You need to write to them quoting Sale of Goods Act 1994. This states that the goods sold must be of satisfactory quality.
Section 1 subsection 2A states
'For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.'
(2B)states
'For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods?
(a) fitness for all the purposes for which goods of the kind in question are commonly supplied,
(b) appearance and finish,
(c) freedom from minor defects,
(d) safety, and
(e) durability.

Also the Act states at section 2 subsection 2 states

'Where goods are delivered to the buyer, and he has not previously examined them, he is not deemed to have accepted them under subsection (1) above until he has had a reasonable opportunity of examining them for the purpose?
(a) of ascertaining whether they are in conformity with the contract

Translated this means if you buy goods they should not be faulty or else you can claim a refund/replacement and the fact that you did not examine them immediately does not matter provided you haven't used the goods and you notified the seller in a reasonable time (48 hours) is more than reasonable

For further advice/template letters check out www.consumerdirect.gov.uk

Hope this helps !

[underactivethyroidmum]

Oh and if they try to claim their terms and conditions state all problems are to be notified in a certain time and you did not comply - refer them to the Unfair Contract Terms Act 1977 - this states that terms and conditions cannot 'over ride' your statutory rights ie those covered under the Sale of Goods Act !