Damaged in transit - advice please

[Zippy]

Hi everyone, hope this is the right place to post this, apologies if not.

I bought a ride on car for my daughter in early December (free postage as over £100) and it was delivered 2 days later (8th dec) The ts and cs on the website which are mandatory at the checkout to be read (a tickbox needs checking and there is a link to them) do state all items should be checked before being signed for as in good condition but my housekeeper didn't do this. We didn't open the box until Xmas eve and found the car had been damaged in transit; took a picture and kept it in its box, but as we went on holiday on Boxing Day couldn't inform the seller until we got back which was last week, 7th Jan. the seller initially asked for more pictures but then responded saying that as it had been over 2 weeks since the car was delivered they cannot provide a replacement or refund. I think this is wrong as its obvious it was a Christmas present, their terms say 48 hours and within 2 weeks at busy periods, please advise where I stand? Do I have the right to a refund/replacement? Thanks.

 

[Witch consumer]

The law gives you 7 days to check and return it, the bit about checking before signing isn't correct you do have a 'reasonable' time to check it however under DSR you are outside the time limit.

The SOGA says that all goods must be of reasonable quality and fit for purpose so you could try that route, not sure that damaged in transit would be covered tho.

 

[Zippy]

Hi witch consumer, thanks for replying. If I decide to contact my solicitor does it make any difference that the car was obviously a christmas gift for my 3 year old so I wouldn't open it til the day before Xmas to assemble, or the fact that due to being on holiday straight after I couldn't inform them. The state of the packaging could also be construed as not adequate I think, given the car was damaged, is this an angle to go from?

 

[ALewis]

Providing you made it known to the company before hand that it was intended for a Christmas present which would not be opened until Christmas
AND
Providing they agreed to extend your 'reasonable time'

Then yes you'd have a case under DSR's .
Otherwise not... Sorry

 

[Witch consumer]

I wouldn't bother with a solicitor, could end up costing you more than the value of the goods!

Again it's down to the time issue, if the packaing was damaged on receipt of the goods, I'd say it is more reason for checking the goods.

Many companies do allow extra time for the return of Christmas goods but are under no legal obligation to do so.

 

[Zippy]

I wouldn't bother with a solicitor, could end up costing you more than the value of the goods!

Again it's down to the time issue, if the packaing was damaged on receipt of the goods, I'd say it is more reason for checking the goods.

Many companies do allow extra time for the return of Christmas goods but are under no legal obligation to do so.

The packaging wasn't damaged otherwise i might have looked. it was only when we opened it on xmas eve we saw the damage, which is a crack on the rear bumper and one of the rear lights has come out of it's mounting, breaking the screws inside.