damanged bed

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fonzy

New Member
May 25, 2011
1
0
0
Hi, i recently ordered a bed online and signed for delivery after the courier refused to take the item to our third floor flat. upon taking the items to our flat we noticed a strong smell similar to white spirit. on opening we realised the bed head was covered in white spirit (a serious issue as its leather upholstory) and part of the leather was torn. we tried returning the item but the sellers are claiming by signing with courier and in accordance with their terms and conditions online i actually signed to agreeing the item is in good condition and that it is impossible that the supplier or the courier would have handled any white spirits or similar near the item. do they have a case or is there something for me to fight for?
 
A

ALewis

Moderator
Nov 23, 2010
691
4
0
South Wales
Hi there,
the company are correct, on signing for delivery you are in fact signing away that the product that has been delivered is of satisfactory quality, and that you accept the item....
If they do stand their ground on the matter of the torn leather / smell , then you can rely on another right..

The Distance Selling Act.. With the DSA, it is your right to refuse/return/exchange etc any product that you have ordered online provided that the item is not ...(long list, but the only part affecting you): custom-made. ( And you can return the product without the need for a reason)

If the bed was not custom-made for you, or personalised etc, then you can rely on the DSA for a refund..
Here's the trickier bit:

go to their website, check their t's&c's on returns, if there is no mention of who pays the return cost - you CAN assume it is at their cost,
If it states that the buyer must pay return costs, then sorry, it's down to you to pay for the return..

....

However you could argue the torn leather if you wish, using the Sale of Goods Act (under satisfactory quality) - however again check their policies on this issue as your signature for delivery may cancel this out...

Stupid, i know, but signing delivery usually means that you've checked and accept the items (even though nobody does stop the delivery guy and check over the items).. but thats how it goes.

Hope this helped.
 
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