Damaged TV, What to do next

dobsdave

Hi Folks,

Looking for advice here,

Sorry in advance for the long post!

Ordered a TV from an Amazon seller.
I missed the delivery, so the courier delivered it to my place of work the next day.
I signed thinking I was signing for delivery only, walked over to my car.
As I put the tv in the boot, I noticed a rip to the box.
When I got home later that evening I opened the box to find the screen was damaged in the corresponding position to the rip in the box.
The customer service person with the seller was initially helpful but today has come back with:

Having spoken to the distribution centre after being in touch with the courier, there is an issue now regarding replacing your order. We use couriers to deliver and for customers to sign for proof of receipt and that the goods are in good condition. With you signing this, it has stated that you were accepting the goods in good condition. I appreciate the fact you thought the packaging had superficial damage, but it would have been in your best interested to insist that you opened the packaging before signing. The problem also is that it was transported by your vehicle too and therefore cannot be sure how and when the damage was done. The courier service also have not received a complaint or claim from you for the damage. May I therefore suggest that you make a claim against the courier as we cannot replace with you signing.

So....

Should I have opened the TV at work?
Is it now down to me and the courier?

Not really good at these situations so any advice out there?

DOC09UNAM

From a legal stand point you may be a bit f*cked, is there anywhere you know that could fix it for you cheap enough??

i'd try email amazon about it directly, they've been nice enough to me in the past about these kind of things.

Nody

Signing anything from courier etc. is you accepting that the package is delivered in one piece. If there are rips/holes etc. you should not sign for it; it even says so on many courier forms on the box.

Obvious first step is to lodge the request with the courier but I'd expect they will point to your signature and say you accepted that we delivered it in good shape.

After that it will most likely become complicated because you have now to show that you did not cause the damage (you signed saying the package was fine as noted).

dobsdave

DOC09UNAM wrote: »

From a legal stand point you may be a bit f*cked, is there anywhere you know that could fix it for you cheap enough??

i'd try email amazon about it directly, they've been nice enough to me in the past about these kind of things.

From a legal stand point, what did I do wrong?
Sign for it?
Accept it at my place of work?
Not open the box at work?
Not claim from the courier company quick enough? (even though I thought the seller was dealing with it)

dobsdave

Nody wrote: »

Signing anything from courier etc. is you accepting that the package is delivered in one piece. If there are rips/holes etc. you should not sign for it; it even says so on many courier forms on the box.

Obvious first step is to lodge the request with the courier but I'd expect they will point to your signature and say you accepted that we delivered it in good shape.

After that it will most likely become complicated because you have now to show that you did not cause the damage (you signed saying the package was fine as noted).

So what would happen if the box hadn't been visibly damaged but the TV had?

Ste.phen

I dunno if there's any legal basis for this, and I haven't done it since i worked in a warehouse (i,e not for personal deliveries) but I was always told that if i hadn't time to fully inspect what was dropping off to sign it and mark it as 'received, not inspected' or something like that,
I'm sure hte fine print would still screw me, but at least you;d have a point to argue

Nody

dobsdave wrote: »

So what would happen if the box hadn't been visibly damaged but the TV had?

Then you claim it as DOA (Dead On Arrival) but then the box will be in good shape and hence unlikely it is "external" cause to the damage which you could see before accepting it.

jor el

dobsdave wrote: »

From a legal stand point, what did I do wrong?
Sign for it?
Accept it at my place of work?
Not open the box at work?
Not claim from the courier company quick enough? (even though I thought the seller was dealing with it)

Firstly, you can't claim from the courier company, only the sender can do this, and it doesn't look like they want to. Legally, when you signed that the goods were accepted in good order, you gave up any right to claim that they weren't. The sender will not be able to make a claim from the courier, and the courier has been absolved of any wrong doing, by you.

I would say you're pretty much screwed.

busman

jor el wrote: »

I would say you're pretty much screwed.

I wouldn't give up yet!

As long as it was not an auction you might be covered by EU Directive 97/7/EC
http://europa.eu/legislation_summaries/consumers/protection_of_consumers/l32014_en.htm

You have 7 days to return the products, you don't need a reason other than you changed you mind (Cooling off period)

Have a look here for more info http://www.eccireland.ie/topics/shoppingonline/yourrights.html

and also on Amazons site here http://www.amazon.co.uk/gp/help/customer/display.html?nodeId=1161010

I would contact the seller and ask again nicely if they are willing to replace the TV. If they refuse then mention the above directive and say that you just like to return it anyway!
You will have to pay the return postage if you do this.

whippet

busman wrote: »

I would contact the seller and ask again nicely if they are willing to replace the TV. If they refuse then mention the above directive and say that you just like to return it anyway!
You will have to pay the return postage if you do this.

Unfortunatly the cooling off period would only apply if the goods were in perfect condition and as there is a dispute with who damaged the goods this directive wouldn't be valid.

jor el

Yeah, cooling off only applies when returning goods in working order, and unused.

Any claim against the courier will just have them producing your signed receipt, where you attested to the quality of the goods. This absolves them of any wrong doing... in theory. This could be questioned in court, as you weren't given the opportunity to check the goods before signing, or you hadn't read the full terms of delivery, or were simply not aware of what exactly you were signing.

You could submit all this to the Small Claims Court, and hope the judgment went your way, or hire a solicitor, to see if there's anything you can do. Depending on the original cost of the TV, the solicitor may or may not be worth going with.

There's a small light at the end of the tunnel, but as I said before, I think you might be screwed on this one.

dobsdave

jor el wrote: »

Yeah, cooling off only applies when returning goods in working order, and unused.

Any claim against the courier will just have them producing your signed receipt, where you attested to the quality of the goods. This absolves them of any wrong doing... in theory. This could be questioned in court, as you weren't given the opportunity to check the goods before signing, or you hadn't read the full terms of delivery, or were simply not aware of what exactly you were signing.

You could submit all this to the Small Claims Court, and hope the judgment went your way, or hire a solicitor, to see if there's anything you can do. Depending on the original cost of the TV, the solicitor may or may not be worth going with.

There's a small light at the end of the tunnel, but as I said before, I think you might be screwed on this one.

Thanks for all the advice folks,

I haven't given up all hope yet, however I would have hoped for some good faith from the seller.
Basically they're saying I could have broken it myself so tough luck.
I suppose I should have checked the box in hindsight, but it was raining and I wanted to get it safe asap.:(

Anyway, I will post back here and let you know how I got on.

freetoair

Did you purchase with a credit card? If so then you're not screwed, the credit card company offers purchase protection

details are as follows, but contact your credit card company and explain

Purchase Protection Insurance safeguards purchases made with a credit card. Most items are protected against accidental damage, theft and robbery up to 100 days after the date of purchase.


Typically this insurance is included within a credit card package and costs just a few pence a month.


Features and benefits


Purchase Protection covers most personal items bought with a credit card.



•Cover is immediate, giving extra peace of mind to the consumer, knowing that their purchase is protected from day one.
•Claims can be made up to a maximum limit of £1,000 per item and up to a maximum £15,000 limit in any 12-month period.
•Claims can be made up to 100 days after the item was purchased.
•A 30-day cooling off period allows the consumer to make sure the cover is right for them.

Eligibility


To be eligible for the product you usually need to be a customer of a credit card company that provides this cover.

Exclusions


Exclusions include:


•Claiming for less than £50;
•Cars purchased with a credit card;
•Goods that are lost;
•Goods that are already covered by another form of insurance (e.g. home contents, travel insurance or manufacturers warranty);
•Cash and tickets or goods left in a public place and have not been securely locked away.

dobsdave

Just an update on this,

The seller has agreed to replace the TV for me next week.