Damaged goods bought online, please help!

[Andmis]

Hi,
I purchased a radiator online and found it was damaged when it arrived with paint chipped off it. I contacted the company and they agreed to replace It.

When my replacement radiator arrived I found that this too was damaged. Again I took photos and sent an email to the company. Unfortunately, this email was never sent and I have no idea where it went! After about a week of waiting for a reply, I was going to email them again, when it dawned on me that my first email didn't get sent- so I wrote them another letter and this time pressed send!

I have now had a response from them saying that under their T&C's based on the the distance selling regulations, I had 72 hrs to check the goods and contact them within 7 days. As I had failed to do this they will not be able to replace or refund my radiator.

So I am now stuck with a damaged radiator. They did offer to send some paint to cover the exposed metal part where the paint has chipped off but this will not look good as the damage is right at the front. Moreover, I did not pay over £250 for damaged goods.

Is there anything I can do about this? Any help and advise would be gratefully received.

Thanks

 

[Witch consumer]

Not very good at maths are they?

Under the distance selling regulations you have 7 days (168 hours) to inspect and return goods whether there's something wrong with them or not. However under the Sale of Goods Act goods must be frre from defects so you need to return the radiator under SOGA rather than DSR

 

[Andmis]

Is there a time limit under the sales of goods act or am I within my rights to insist on a refund despite informing them 14days after delivery?

Thanks

 

[ALewis]

Under SOGA you can claim for freedom of defects up until the point where acceptance is implied or communicated.
There's no defined timescale

 

[anniemc8]

Yes you should be fine under SOGA - I have been in your situation but SOGA over rules what the company says if the product arrives damaged.