Leagle eagles: Mail order ts and cs breach consumer law?

razil

Hi folks little question for ya

These firms that require you to check deliveries on arrival and then wont refund you after that if you find a problem, are they in breach of consumer law?

Problem with a sink we ordered and had been checked, work delayed too due to bad weather

Bournemouth Addick

I'd argue, very strongly, that any company that insists on you checking immediately like that is relying on an unfair contract term (see adviceguide.org.uk/england/consumer_e/consumer_protection_for_the_consumer_e/consumer_contracts_e/unfair_terms_in_consumer_contracts.htm) which could lead both to it being voided in the civil courts and lead to potential enforcement action if they continue to use it. They can recommend it but it's not always possible to examine goods on delivery.

In any case, with some exceptions and a sink isn't one of them, unless it's for business purposes, you would have the additional rights afforded by the Distance Selling Regs to examine them at your leisure and send them back within the 7 day cancellation period if you wanted to.

This is regardless of the Sale of Goods Act issue since they've supplied you with faulty goods, although of course they'll then argue it was your breach of the duty in care in damaging them but that's a matter ultimately of them having to prove it was of satisfactory quality when it was delivered.

Bournemouth Addick

^^^^ ignore the bit about DSRegs above as just re-read what you posted and seem you might be outside the cancellation period due to the delay in starting the work.

Sale of Goods Act still applies though of course.

razil

BA ura star..

These are their ts and cs

We didnt spot the damage when we opened it as it was a small chip

Items can only be returned to us if they come back unopened and in their original packaging. If goods are returned and we receive them back damaged, or there is any evidence that the goods have been opened or unpacked, we will not be able to issue a refund. If you are returning goods to us that are unused & not damaged or defected, it is at your own cost to send them back and no refund will be given on the initial carriage costs. You will need to contact our customer support team within 7 days of receiving the goods to be eligible for a refund. If you wish to exchange the goods, this can be done by contacting us within 240 days after receiving the goods. Please contact our customer support team before returning any unopened items. DO NOT RETURN ITEMS WITHOUT A RETURNS FORM.

razil

What i want to do is tear their wordings to pieces (because they seem unfair and illegal) then threaten to raise it with ebay u

Bournemouth Addick

Yeah, pretty much what I expected to see. They appear to be mixing up their obligations under the Distance Selling Regs with their obligations under Sale of Goods Act and getting them both wrong.

What is it you're after btw an exchange or refund?

MrOneLung

Put me right off ordering a sink from eBay...

razil

An exchange..

golfaddick

unless I'm reading it wrong then they are saying that only refunds wont be allowed if the items are returned opened or damaged - seeing as you are looking for an exchange or a replacement then that should be ok.

Also, I would tell them that you need to open the packaging to see if its damaged so that clause seems daft anyway.