A0 frames faulty & damaged from 4x90.com

T

treasure_ireland

New Member
Dec 11, 2008
1
0
0
Hi,

I need some help with some the following issue, and my rights and the law.

I purchased 4x A0 clip frames, i received these last friday (5th dec), i finally managed to open them yesterday (10th dec), due to working very long hours.

When i opened them 3 of the 4 were broken, the acrylic had snapped off. They weren't packaged well for delivery. And with the one that wasnt damaged, its not the correct size, it has wonky sides, therefore the piece of art i bought for them, wont fit anyway.

I sent the supplier a polite email yesterday evening, outlining the problem, and they replied with a blunt response of

"Rebecca,
You have "4 days" to inform us of any breakages, you have missed this deadline so we can not help you.

Regards

Sales".

I replied stating that the reason that i couldnt check them earlier was because i had been working long hours, and hadnt managed to open the parcel when it had first arrived.

They replied with the following

"Hi Rebecca,
The "4 Days " policy is on the Terms that you agreed to, the
reverse of the invoice, on the Delivery note and again on the Thank you for
your order, please do not try and put the blame on ourselves for your not
looking, is 4 days NOT enough time to open a box ?

Our position is not changed

Regards

Sales ".

Please help me with this issue, im so frustrated that i spent £80.50 on these 4 frames, that are faulty as well as damaged, and i cant get a refund from the supplier.

Any ideas on my rights or the laws?

Thanks :)
 
Tony

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
Hi,

This is an unfair contract term which limits their liability for negligence while also attempting to limit your statutory rights with regard to the Sale of Goods and the Distance Selling Regulations. To get clarification on this I would give Consumer Direct a quick ring on 08454 04 05 06.

I am assuming that you ordered this over the web or on the phone, which means you are still within the cancellation period:
You must provide notice of cancellation in writing and it must be posted to, left at, faxed or emailed to the business address of the supplier, and you must ensure this is done no later than 8 working days after receipt of goods
Click to expand...
.

Links:
Unfair Contract Terms | Consumer Information
Sale of Goods Act | Consumer Information
Mail order goods - your right to cancel | Consumer Information
 
Last edited:
Tony

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
Just had a quick look at their website, if these are bespoke frames there is no cooling off period. I also spotted another dodgy term:

4x90 Ltd does not guarantee any product's fitness for a particular purpose. All items are listed on an 'as is' basis.
Click to expand...
 
J

jamesc0001

New Member
Feb 18, 2009
1
0
0
more 4x90 bad service

Hi,

Just had a similar problem with this company (4x90.com trading name four x ninety Ltd), quoting me the same 4 working days!

My problem was with broken faulty glass on some frames I received, less than two weeks of receipt.

I called & emailed the company and referred them to the sale of goods act 1979 in which I received the same 'our terms are...'

I called and asked them if I have statutory rights with this company, a question they seemed unable to answer? (very strange) All I received was an informal email telling me not to call the office anymore insulting staff??? (I must point out I never insulted any member of staff?)

Unfortunately its off to a small claims court, as this type of service is unacceptable.
 
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