online store refusing refund/replacement

[smithy30]

hi i have this morning received a damaged/in bits clay chimenea for our garden. my partner is terminally ill and i decided to use some of my savings to treat him and let him have one in the garden to enjoy. i signed for the item this morning not knowing when i'd open it that it would be in bits. i contacted the company as soon as they opened this morning to tell them and they are saying because i signed for it, they cannot claim anything back from the courier. i am now stuck with a non repairable chimenea and a very upset partner. please can anyone help us??
thank you nicola

 

[Witch consumer]

No you're not stick with anything, firstly the distance selling regulations give you 7 days to reject the goods and secondly the sale of goods act gives you a reasonable time to inspect the goods and reject them.

You should not be out of pocket by returning faulty goods so they'll have to pay to have it collected.

(2) Where goods are delivered to the buyer, and he has not previously examined them, he is not deemed to have accepted them under subsection (1) above until he has had a reasonable opportunity of examining them for the purpose—

(a) of ascertaining whether they are in conformity with the contract,

 

[smithy30]

can i ask where i stand with them?? i have sent 3 emails to them today twice asking for a replacement and one just now showing them the damage to the chimenea and the box. i am getting no reply. what can i do to make them collect the thing??

 

[Witch consumer]

I'd give them until Monday as its possible they don't work over the weekend, if you still get no response try the consumer direct number at the top of the page

 

[smithy30]

Thank you, i contacted the shop and they have indeed received my emails but not acknowledged them! They have advised me they have to wait until monday as the courier company is not contactable on a weekend, they have said they want reassurance from the courier company that they will receive compensation from them before they refund/replace! They have until monday afternoon!!

 

[Witch consumer]

The problem of compensation from the courier is nothing to do with your complaint, you have a contract with the supplier which must comply with SOGA, their contract with the courier is between them, you are not party to it.

You should receive a replacement item and they are entitled to take the broken one back so don't dispose of it just yet.