Can I Get a Refund After Damaged in Transit?
Q.
I purchased a pushchair on the internet in May with a 6 month guarantee. The pushchair became faulty in Aug and was collected for inspection. The pushchair was repaired f.o.c due to manufacturing problems.
It has taken 3 weeks for the pushchair to arrive back with me due to a change over in courier. The pushchair has been damaged in transit and the company want it back again for inspection, which I am very unhappy with and do not want to do.
Am I entitled to a new pushchair or my money back? Or do I have to accept yet another repair?
(S.R, 24 September 2008)
A.
The Sale of Goods Act 1979 states that if an item isn’t fit for the purpose for which it was intended, you can return it for a replacement, refund or repair – the option is yours.
It doesn’t matter whether you purchased it in the High Street or on the Internet, you still have the same rights (just as you would if you’d bought it over the phone or by email).
The retailer admitted a problem with the pushchair and performed the repair – to which you consented; the guarantee doesn’t really enter into the equation here at all, as you’re covered under the Sale of Goods Act.
Because it was damaged in transit, the retailer is responsible for supplying you with either another repaired model, or you could reasonably ask for a refund or replacement. However, it’s fair for them to ask you to return the item before doing anything in order to examine the damage that happened and be sure it actually exists. That’s no reflection on your honesty, just simple and sensible business practice.
It’s perhaps a shame you couldn’t examine the item when it was delivered, so you could have rejected it immediately as damaged in transit. However, as things stand, you should at this stage ask for a replacement or a refund, although you will have to wait until the retailer has examined the damaged item, for obvious reasons.
There is actually one other question involved – can the pushchair be repaired again and still be safe? A lot depends, of course, on the original fault and the damage it suffered in transit, but it’s a valid question. After all, you don’t want it breaking with your child in it (and nor would the retailer, since that could open a legal can of worms).
Because of that, especially if you point that fact out to them, they might be very amenable to offering you the replacement or refund you seek. You need a pushchair, of course, and the sooner the better, so in this instance a replacement might be your best course of action.
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@Gtbjbbcmb - These goods are personalised and usually under theConsumer contract regulations you would not have an automatic right to return. HOWEVER, because the goods are faulty you can use your rights under the Sale of Goods Act and return them for a refund. Note also that any terms and conditions that say you must cover the cost of returning an item do NOT apply where the goods being returned are faulty. You also returned the item in the same manner as it was sent to you and therefore have taken all necessary precautions so cannot be held responsible for further damage in transit.
ConsumerRightsExpert - 16-Sep-14 @ 11:57 AM
I bought a personalised silver plated money box online and received it with several scratches on it and it was poorly engraved (one of the letters was cut off). I called the retailer and he agreed to a full refund.I repackaged it in the original packaging and sent it back the same day I received it.The online retailer called me and said that he could no longer refund me as he had received the item with further damaged (it now had a dent). He is refusing the refund on the basis that he has not received the item back in the condition in which I received it.I would like to know what my rights are in this situation?
Gtbjbbcmb - 13-Sep-14 @ 12:54 PM
I founda car sales advertisement in Auto Trader web.When I came to look the carI noticed it had the several defects which had not been disclosed in the advertisement: a broken front glass, a rusted left front fender, scratches on the bonnet, a defective left indicator, a missing left door gasket.The seller promised that all the defects would have been fixed by the Monday evening and the seller wrote methis information on the invoice. The seller told me that for an additional fee would be car services,MOT and a year guarantee. All this was subject to a deposit of£ 300. I gave him£ 400 which showed that I was interested in that car and willing to buy it.The seller informed me on Monday by phone that I could collect the car „as is”. I needed it to be technically fit because we were going for holiday abroad. I decided to give him the final deadline of one day for getting the car repaired and Ipurchased a ferry ticket for that very car. On the next day a company employee advised me on the phone that seller was having a day off and that the car had not been fixed yet. He told me that if I wanted I could collect the car and had it fixed after I got back. I was afraid of the incompetence and driving a long distance in a not roadworthy vehicle.My wife hadto re-book the passenger tickets and the car ticket for a different date and a different car, change the holiday plans and bear the additional costs. And we were forced to ride a holiday to another car.Now I would like to take my money back(deposit), but the seller dont want to give it to me.He argues with at invoicie is information "deposit non refundable", So can you tell me please what I can do. It was not my fault the transaction has not been completed. Thank you for your help. Please let me know ASSP. Thank you
tomasangel - 19-Aug-14 @ 4:19 PM
I founda car sales advertisement in Auto Trader web.When I came to look the carI noticed it had the several defects which had not been disclosed in the advertisement: a broken front glass, a rusted left front fender, scratches on the bonnet, a defective left indicator, a missing left door gasket.The seller promised that all the defects would have been fixed by the Monday evening and the seller wrote methis information on the invoice. The seller told me that for an additional fee would be car services,MOT and a year guarantee. All this was subject to a deposit of£ 300. I gave him£ 400 which showed that I was interested in that car and willing to buy it.The seller informed me on Monday by phone that I could collect the car „as is”. I needed it to be technically fit because we were going for holiday abroad. I decided to give him the final deadline of one day for getting the car repaired and Ipurchased a ferry ticket for that very car. On the next day a company employee advised me on the phone that seller was having a day off and that the car had not been fixed yet. He told me that if I wanted I could collect the car and had it fixed after I got back. I was afraid of the incompetence and driving a long distance in a not roadworthy vehicle.My wife hadto re-book the passenger tickets and the car ticket for a different date and a different car, change the holiday plans and bear the additional costs. And we were forced to ride a holiday to another car.Now I would like to take my money back(deposit), but the seller dont want to give it to me.He argues with at invoicie is information "deposit non refundable", So can you tell me please what I can do. It was not my fault the transaction has not been completed. Thank you for your help. Please let me know ASSP. Thank you
tomasangel - 19-Aug-14 @ 4:18 PM
I had a parcel I needed to get urgently from Bolton to Newcastle. I paid just under £25 to arrange it on Thursday, and received all the paperwork etc,collection between 79am/7pm Friday, with guaranteed delivery before 10am Satyrday ( just what I wanted, so paid up)
I stayed in all Friday, but no one collected it. They wouldn't really entertain e-discussing it until after the 7pm deadline, as it wasn't a failed collection until then.
At 7;10 I contacted them again, when they advised it was indeed a failed collection. We e-discussed it, though made no real progress, other than either a refund, re-arrange collect Monday ( no use to me), or a credit note, +£5 voucher,
As I now have to drive it over myself on saturday.... I'm a bit put out.
As I'm self employed, and lost a days work waiting around, can I send them an invoice for my wasted time, and can I MAKE them pay?
Thanks, Dave
daveshutts - 30-Jun-12 @ 4:05 PM
hi dan i have the same problem but my van hasnt broken down im a school docter help kidss i alot of fun come by my office so i show you a thing or two
Dr.Nick - 24-May-12 @ 12:43 PM
Hi, I ordered a computer from a company and it was damaged in transit. I sent the item back with my own package and they repaired and sent it back. However, it was mishandled by the courier again.The company said that they used the same package since the item arrived safely to them and they assumed I thought it was sufficient, which I still do. ( The computer had 5 cm / 1.968... inch padding each side, bottom to top, compact and there wasn't free space in the cardboard box, I can go more in detail if required.). I wasn't at my home when the item arrived and my roommate signed the item in, therefore he/she signed it as in good condition as there wasn't any visible damage to the package.I e-mailed the company asking for a refund. They said I would need to take pictures of the computer, packaging and padding for the courier company, because they weren't responsible for the damage. They said they could try to get the claim on my behalf, but my chances aren't that great since it was signed in as in good condition.They didn't use the same method of packaging as I did, which I find crucial since I thought the packaging thoroughly, and positioned everything so that there would be protection as much as possible, but they did add one extra cardboard box inside at the cost of other protection padding. It took four and half months for me to send the item for repair at the first time. During this time I hadn't used the computer once. They repaired the computer without billing me. I also have warranty on this item for one year. I haven't sent the item anywhere yet. The item arrived on 17th of may. Now, my questions are: Does the item have the same legal status as a new one, as it has been repaired once already? Is there any chance I could get my money back? What are my options? I feel like cheated, as I was so careful with the packaging and everything.
Puff - 20-May-12 @ 1:11 AM
Hello
I have just recently bought a item (Golf Club) on ebay (ebay not to blame) I received the Item yesterday morning 27/03/2012 by TNT express delivery,
I signed for the item and the driver commented on how well it had been parcelled so did I it realy looked well packed,
I took it indoors and proceeded to unpack the wrapping , the shaft of the club was in a cardboard tube and the head of the club was sticking out of the end but well wrapped with bubble wrap, tape and allover the package was fragile stickers,
As I started to unwrap I said to my wife this does not feel right as the head of the club started to move around on completeley removing the packing I found out that the head had been smashed off I said smashed as it the shaft was broken and splinterd in two places,
I immediatly phoned the seller and told him what had happened, he was like me speechless,
He immediatly phoned the carrier TNT,
They more or less saidthat they were not responsible as I had signed for it,
So I phoned them at newcastle near where I live and they said I should have checked the parcel before signing I explained that on looking at the parcel and the way it was packed there would be no way of knowing if it was damageduntil you started to unpack, it was packed that well you would need to xray the parcel to find out if the goods were damaged.
I took the Golf club to my local golf course pro with over 25 years expeirence he examined the break and his comments are for to break a shaft like this it would take something heavy to be thrown onto the club or something dropped onto it,
He showed me a shaft exactly the same and he could bend it like a bow and it would not break so his opinion this club was not broken under normal golf conditions,
As I bought this club very quickly and need it for this weekend I bought a new shaft and he fitted it for at the cost of £50.
So I have told The seller this and ebay which are both ok about what I have done and of course TNT who will still not take any liability for the damage,
The seller has refunded me the money I paid for the club ebay has gave me a £20 voucher in compensation for being a good ebayer but still nothing from TNT.
The seller phoned TNT and asked them to phone me and at least apologise to me but he was told they might do tomorrow but they don't have to.
So I will wait now and see what happens I told TNT that I was going to contact you and that what they were telling me and the seller was not enough.
Until Tomorrow .
Regards Bill
billballap - 28-Mar-12 @ 9:58 PM
I won and purchased a rare rally kit on Ebay on 26 November.
I received the kit on 13 December but the chassis base and windscreen were damaged. I contacted the seller immediately to inform him of this, and asked how he’d like to proceed.
The seller replied to say that all his kits were insured against postal damage, and that to speed things along, I should go and get a claim form from the Post Office, fill it in and send it to him.
I asked if it had happened to him before and he said that he had. He gave me his address for the claim form.
I sent the form back on 19th December, but heard nothing, so contacted the seller again on 6th Jan to see how the claim was going. The seller informed me that these things take time and I needed to wait.
I contacted the seller again on 24th Jan for an update, was informed he was on holiday and that he would chase the Post Office on his return
I contacted the seller again on 9th Feb for an update, was informed he had heard nothingand that it could take up to 60 days.
I contacted the seller 8th March, and again 9th March, stating that I could send a photo of the damage. The seller has now decided to wash his hands of the problem, informing me that he will not accept responsibility since the item was perfect when it was sent, and that he is “sorry that the post office has let me down”.
I said that under the Sale of Good Act 1979 the item was not fit for purpose, and I therefore required my money back, but he said that he has photographic proof that the kit was not damaged when he sent it, and he was therefore not liable. He said thathe had complied with all the eBay rules, and implied that I did not have a leg to stand on.
Where do I go from here? I have a useless damaged kit (still exactly as received in its box), and no refund.
Phil - 11-Mar-12 @ 2:21 PM
What is the law on couriers who damage your item in transit? They keep referring me back to their excluded items for compensation which in actual fact lists nearly everything you would send by courier
stforbes1 - 28-May-11 @ 1:48 PM
I bought a breadmaker online as a present on 8th March 2011, to be opened on 28th March. I needed this time delay to ensure it arrived on time and that I had time to collect the item - as I work during the day, so could not stay home to receive the delivery, I arranged delivery to a relative's shop. It arrived on 11th March. When it was opened, we noticed a large crack and hole on one side of the breadmaker. I immediately contacted the seller, who asked for photographs of the damage. When I sent these, they then asked for photographs of the packaging, which I sent. There was no noticeable damage to the packaging. They then replied that they were opening an investigation into it with DHL, the delivery company they had used. A few minutes later, they sent me another email saying they will be unable to open an inquiry with DHL as they have not received all the paperwork they would need to proceed. They said they will be phoning me to send them documents (although I don't have any documents apart from my original emailed receipt and dispatch notice). The email also says "Please note that we will be unable to open an inquiry after 5 working days from the delivery date for damaged parcels." However, when I researched my consumer rights, I found that I have 6 months to pursue a claim for damaged goods - is this right? Do they have the right to mess me around try to palm me off with excuses, or should they just have apologised and collected the item without quibble to inspect the damage?
Debs - 1-Apr-11 @ 2:57 PM
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