Bought monitor that arrived broken

chris.c2010

Hi, I purchased a monitor from overclockers.co.uk using my debit card on Tuesday.
The monitor arrived today and it was completely smashed. I contacted their customer service and they informed me that they are not obligated to arrange collection and that I am not entitled to a refund.

What are my options here? I asked for a replacement but they have refused to give me one until the monitor is returned to them.

Any help would be appreciated

Spocker

So to be clear, they have said they will replace the broken monitor, but not until you send them back the broken first?

Did you sign for the delivery as damaged? When you contacted them, did they give you an RMA number?

In this kind of situation, I usually find it's best to talk to someone directly on the phone, rather than by email, things tend to happen a lot faster over the phone.

Take pictures of the damage, especially of the box

my3cents

In these cases you'd normally return the item at your expense and the seller would then refund the cost of returning the item once they have determined that you have a valid case to return the item.

The problem is once you have paid for the shipping you don't always get the money back, depends on the seller.

weisses

To be fair overclockers was always praised for their customer service. It's one of the reason I buy from them ...

chris.c2010

Spocker wrote: »

So to be clear, they have said they will replace the broken monitor, but not until you send them back the broken first?

Did you sign for the delivery as damaged? When you contacted them, did they give you an RMA number?

In this kind of situation, I usually find it's best to talk to someone directly on the phone, rather than by email, things tend to happen a lot faster over the phone.

Take pictures of the damage, especially of the box

Thanks for the reply, The box was not damaged but it was very poorly packaged and the screen was literally in pieces. I contacted them and they said that I would have to return at my expense so they could assess the damage. I will just pay for the shipping but as I have no expierence buying online, I'd thought I'd get everyones advice.

I appreciate the response
Thanks

chris.c2010

weisses wrote: »

To be fair overclockers was always praised for their customer service. It's one of the reason I buy from them ...

That is why I bought it from them. I have heard nothing but good things.

chris.c2010

my3cents wrote: »

In these cases you'd normally return the item at your expense and the seller would then refund the cost of returning the item once they have determined that you have a valid case to return the item.

The problem is once you have paid for the shipping you don't always get the money back, depends on the seller.

Thanks for the response, that is what I am worried about.

chris.c2010

They actually sent me a second hand monitor, I just noticed that there were fingerprints all over the case and the protective plastic had been removed and put back on.

To be fair though, I am talking with two different staff members and one is saying that everything will be taken of while the other just keeps repeating that they cannot arrange for delivery in Ireland.

I think I will take Spockers advice and ring them, Thanks for all the replies

I really appreciate it

mikeyjames9

what's the crack with damaged items
if you don't inspect them?

can they refuse to replace them?

the couriers are always in a rush and it's hard to check stuff

my3cents

mikeyjames9 wrote: »

what's the crack with damaged items
if you don't inspect them?

can they refuse to replace them?

the couriers are always in a rush and it's hard to check stuff

Even if its a machine you are putting your signature on just write, UNCHECKED then sign or if there is room ONE BOX UNCHECKED.

Basically the small print of the terms and conditions are once you sign for the goods thats the end of the couriers responsibility and the seller has to no back against them, which is why they get funny sometimes when I write unchecked on the docket. If the box is damaged don't sign and let the goods get sent back to the supplier then claim your money back.

chris.c2010

my3cents wrote: »

Even if its a machine you are putting your signature on just write, UNCHECKED then sign or if there is room ONE BOX UNCHECKED.

Basically the small print of the terms and conditions are once you sign for the goods thats the end of the couriers responsibility and the seller has to no back against them, which is why they get funny sometimes when I write unchecked on the docket. If the box is damaged don't sign and let the goods get sent back to the supplier then claim your money back.

Good advice, I will follow this from now on. Thanks

mikeyjames9

lately its just a stylus and small screen they ask you to sign on

what would you do there?

my3cents

mikeyjames9 wrote: »

lately its just a stylus and small screen they ask you to sign on

what would you do there?

Tricky, but I still write UNCHECKED and then sign over the top, the couriers don't like it but its either that or I check the contents first.

I'm very old fashioned and consider that all I am signing for is to say that a package (or x number of packages) have been delivered and that I have no idea whats inside the package or the condition of the contents until I have opened the package and checked.

It all depends on whats been sent out. If its anything delicate like a screen or a very expensive item I'd insist on checking unless I could sign as unchecked. I don't make a habit of being a dick and slowing the couriers down because most of the stuff I get delivered would be difficult to damage but on the odd item that could be I make the extra effort to check and if they don't like it then tough luck.

IHPhoto

Good advice writing UNCHECKED

JimsAlterEgo

even put a big U/C on it

Bepolite

I like to think I'm reasonably good at decoding legislation. Legislation needs to be complex in somecases, but one would think that consumer legislation would be accesable to the consumer.

Brand Spanking New (Enacted 14th June 2014)

29. The following is substituted for section 20 of the Act of 1893:
“Passing of risk
20. (1) Unless otherwise agreed, the goods remain at the seller’s risk until the property therein is transferred to the buyer, but when the property therein is transferred to the buyer, the goods are at the buyer’s risk whether delivery has been made or not.
(2) Where delivery has been delayed through the fault of either buyer or seller, the goods are at the risk of the party in fault as regards any loss which might not have occurred but for such fault.
(3) Subsections (1) and (2) do not apply to a contract of sale where—
(a) the buyer deals as consumer, and
(b) the seller dispatches the goods to the buyer.
(4) Where subsection (3) applies, the goods remain at the seller’s risk until the buyer, or a person indicated by the buyer for this purpose, acquires the physical possession of the goods.
(5) Subsection (4) does not apply where the goods are delivered to a carrier who—
(a) was commissioned by the buyer for the purpose of carrying the goods, and
(b) was not proposed by the seller for that purpose.
(6) Where subsection (5) applies, the goods are at the buyer’s risk upon delivery to the carrier.
(7) Subsection (5) is without prejudice to the rights of the buyer, or the liability of the carrier, in respect of the goods.".

Gleam from that what you will. My reading of it is it was there's when it got damaged, therefore it's up to them - but gray area springs to mind. I will continue my little research prohect when I'm back off my lunch. My job is wonderful!

my3cents

Bepolite wrote: »

I like to think I'm reasonably good at decoding legislation. Legislation needs to be complex in somecases, but one would think that consumer legislation would be accesable to the consumer.

Brand Spanking New (Enacted 14th June 2014)

29. The following is substituted for section 20 of the Act of 1893:
“Passing of risk
20. (1) Unless otherwise agreed, the goods remain at the seller’s risk until the property therein is transferred to the buyer, but when the property therein is transferred to the buyer, the goods are at the buyer’s risk whether delivery has been made or not.
(2) Where delivery has been delayed through the fault of either buyer or seller, the goods are at the risk of the party in fault as regards any loss which might not have occurred but for such fault.
(3) Subsections (1) and (2) do not apply to a contract of sale where—
(a) the buyer deals as consumer, and
(b) the seller dispatches the goods to the buyer.
(4) Where subsection (3) applies, the goods remain at the seller’s risk until the buyer, or a person indicated by the buyer for this purpose, acquires the physical possession of the goods.
(5) Subsection (4) does not apply where the goods are delivered to a carrier who—
(a) was commissioned by the buyer for the purpose of carrying the goods, and
(b) was not proposed by the seller for that purpose.
(6) Where subsection (5) applies, the goods are at the buyer’s risk upon delivery to the carrier.
(7) Subsection (5) is without prejudice to the rights of the buyer, or the liability of the carrier, in respect of the goods.".

Gleam from that what you will. My reading of it is it was there's when it got damaged, therefore it's up to them - but gray area springs to mind. I will continue my little research prohect when I'm back off my lunch. My job is wonderful!

BUT to grease the wheels and to make it easier for the seller to have some come back against the courier its best to indicate when the goods are signed for that you are only signing for a package and that you have no idea of the condition of the contents.

I know its not the buyers responsibility but a buyer is more likely to get better service from a seller when they have problems if they have not signed away the sellers rights to make a claim from the courier.

Bepolite

my3cents wrote: »

BUT to grease the wheels and to make it easier for the seller to have some come back against the courier its best to indicate when the goods are signed for that you are only signing for a package and that you have no idea of the condition of the contents.

I know its not the buyers responsibility but a buyer is more likely to get better service from a seller when they have problems if they have not signed away the sellers rights to make a claim from the courier.

TBH my reading of it is its up to the seller to sort out - in relation to signing unchecked; I've never seen this used to assit with anything but I can't see it doing any harm.

my3cents

Bepolite wrote: »

TBH my reading of it is its up to the seller to sort out - in relation to signing unchecked; I've never seen this used to assit with anything but I can't see it doing any harm.

I've had some packages with expensive contents (2k) that have had stickers on them saying DO NOT SIGN FOR GOODS AS UNDAMAGED and a subtext, please write GOODS UNCHECKED then sign otherwise we can't claim for any damage from the courier.

The other side of the coin is that if the seller checks with the courier and they send the seller a scan of a docket that says "Good received in good condition" followed you by your signature they've got an extra excuse no matter how invalid to not do anything.

No argument that it is and always has been the sellers responsibility to sort out.