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Appliances Delivered.ie - any experiences - this one is not good

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  • 27-10-2016 1:40pm
    #1
    galwaytt
    Registered Users Posts: 12,761 ✭✭✭✭


    So, long story short, a colleague has a rental property with a tenant in it. The dishwasher broke down and, the property being in Dublin, and he in Galway, thought Appliances Delivered would be the solution as they would supply & fit the new appliance and take the old one away.

    Item bought, paid for (internet) delivered to the premises and the tenant let them in to fit the unit and take away the old one. So far so good.

    A couple of days later tenant calls and says the new machine is 'vibrating' and 'shaking' all over the place and needs looking at. Colleague drives to Dublin to do so and pulled the machine out from the space in the kitchen units to find the damage attached.

    It is patently caused by being dropped on one corner.

    Appliances Delivered.ie are refusing to repair or replace and offering €25 in compensation as 'a gesture of goodwill', as damage was not reported inside 24hours of delivery.

    Now how, pray tell, would you know it was damage if the fitter (deliberately) concealed it and put the machine into the kitchen units where neither the tenant nor the landlord would, or could, see it ? There is now way the fitter didn't know or see the damage on fitting it.

    They say the Sale of Goods Act doesn't apply as damage wasn't reported inside the 24hrs on their T & C's.

    Anyone else experienced anything similar ?

    Ode To The Motorist

    “And my existence, while grotesque and incomprehensible to you, generates funds to the exchequer. You don't want to acknowledge that as truth because, deep down in places you don't talk about at the Green Party, you want me on that road, you need me on that road. We use words like freedom, enjoyment, sport and community. We use these words as the backbone of a life spent instilling those values in our families and loved ones. You use them as a punch line. I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the tax revenue and the very freedom to spend it that I provide, and then questions the manner in which I provide it. I would rather you just said "thank you" and went on your way. Otherwise I suggest you pick up a bus pass and get the ********* ********* off the road” 



«13

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    #2
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    galwaytt wrote: »
    They say the Sale of Goods Act doesn't apply as damage wasn't reported inside the 24hrs on their T & C's.
    That's bull, tbh.

    T's & C's cannot override the SOGA. The supplied device was faulty and not fit for sale. Simple as.

    If they're really being bolshy about it, the distance selling regulations give them 14 days to return the device without penalty. Your colleague can stick it in his boot, drive it to their warehouse and demand a full refund. They can't claim he damaged it, since they know he didn't.


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    #3
    TonyStark
    Registered Users Posts: 851 ✭✭✭TonyStark


    Sale of goods and Supply of Services Act always trumps terms and conditions. From what I see here the goods are not fit for the purpose or of merchantable quality.

    The interesting thing is that your friend is also covered by his credit card company and can request a charge back. Also there also are laws that protect the consumer on online sales akin to a cooling off period.

    In short your friend has all the cards in his hand, even though it may not seem like it.


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    #4
    Del2005
    Registered Users Posts: 18,872 ✭✭✭✭Del2005


    That's why you're supposed to inspect it on delivery. The box would have had damage and the delivery person told to go away.


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    #5
    TonyStark
    Registered Users Posts: 851 ✭✭✭TonyStark


    seamus wrote: »
    That's bull, tbh.

    T's & C's cannot override the SOGA. The supplied device was faulty and not fit for sale. Simple as.

    If they're really being bolshy about it, the distance selling regulations give them 14 days to return the device without penalty. Your colleague can stick it in his boot, drive it to their warehouse and demand a full refund. They can't claim he damaged it, since they know he didn't.

    Beat me to it. +1.


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    #6
    TonyStark
    Registered Users Posts: 851 ✭✭✭TonyStark


    Del2005 wrote: »
    That's why you're supposed to inspect it on delivery. The box would have had damage and the delivery person told to go away.

    Makes no difference in this case. Machine was installed and is not fit for the purpose.

    Machines should not vibrate when operating them. I would hope and pray there is not damage to the mans property because of a bad installation.


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    #7
    Del2005
    Registered Users Posts: 18,872 ✭✭✭✭Del2005


    seamus wrote: »

    If they're really being bolshy about it, the distance selling regulations give them 14 days to return the device without penalty. Your colleague can stick it in his boot, drive it to their warehouse and demand a full refund. They can't claim he damaged it, since they know he didn't.

    Doesn't distant selling cooling off period require the item to be unused?


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    #8
    Del2005
    Registered Users Posts: 18,872 ✭✭✭✭Del2005


    TonyStark wrote: »
    Makes no difference in this case. Machine was installed and is not fit for the purpose.

    Machines should not vibrate when operating them. I would hope and pray there is not damage to the mans property because of a bad installation.

    Someone would have signed for the delivery and installation saying that it was OK.


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    #9
    whippet
    Registered Users Posts: 7,668 ✭✭✭whippet


    just a thought .. if this was for a rental property; is it covered under consumer law?


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    #10
    TonyStark
    Registered Users Posts: 851 ✭✭✭TonyStark


    Del2005 wrote: »
    Doesn't distant selling cooling off period require the item to be unused?

    Sale of goods states that the goods must be fit for the purpose. Simplest way is to get a charge back via the credit card company.


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    #11
    galwaytt
    Registered Users Posts: 12,761 ✭✭✭✭galwaytt


    Del2005 wrote: »
    That's why you're supposed to inspect it on delivery. The box would have had damage and the delivery person told to go away.

    Indeed. But we're relying on 'competent' let alone an honest person to not fit something they (or their despatcher), broke. There has to be an element of responsibility here.

    As mentioned, machine delivered and fitted into a fitted kitchen unit in Dublin by retailer, for the owner in Galway.

    Only when the machine was operated by tenant was vibration noticed, and when owner drove to Dublin to investigate, had to remove it from kitchen units to see the cause.

    Ode To The Motorist

    “And my existence, while grotesque and incomprehensible to you, generates funds to the exchequer. You don't want to acknowledge that as truth because, deep down in places you don't talk about at the Green Party, you want me on that road, you need me on that road. We use words like freedom, enjoyment, sport and community. We use these words as the backbone of a life spent instilling those values in our families and loved ones. You use them as a punch line. I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the tax revenue and the very freedom to spend it that I provide, and then questions the manner in which I provide it. I would rather you just said "thank you" and went on your way. Otherwise I suggest you pick up a bus pass and get the ********* ********* off the road” 



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    #12
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    Del2005 wrote: »
    That's why you're supposed to inspect it on delivery. The box would have had damage and the delivery person told to go away.
    Where a device is supplied and fitted, any "delivery accepted" signature would have very little weight in court - the installer would be expected to inspect the device to confirm it's suitable to be installed, and the purchaser given a reasonable timeframe in which to confirm that the installed device is working as expected.

    A purchaser cannot be expected to possess the knowledge/qualifications to both inspect the device and the quality of the installation and then sign off on that before the installer leaves their property.

    This is open and shut really. The customer service staff are probably instructed to refuse first and hope they go away.


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    #13
    TonyStark
    Registered Users Posts: 851 ✭✭✭TonyStark


    Del2005 wrote: »
    Someone would have signed for the delivery and installation saying that it was OK.

    It's still not fit for the purpose... signed off or not.

    A damaged machine was installed and I am sure the person who signed off the delivery wasn't made aware of this.


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    #14
    galwaytt
    Registered Users Posts: 12,761 ✭✭✭✭galwaytt


    Timeline btw: Delivered Saturday, tenant (attempted) use that eve, drove to Dublin Sunday to inspect, complained to retailer on Monday.

    Technically that's one working day as Sunday is not a working day............so there goes the 24hrs get-out clause imho.

    Ode To The Motorist

    “And my existence, while grotesque and incomprehensible to you, generates funds to the exchequer. You don't want to acknowledge that as truth because, deep down in places you don't talk about at the Green Party, you want me on that road, you need me on that road. We use words like freedom, enjoyment, sport and community. We use these words as the backbone of a life spent instilling those values in our families and loved ones. You use them as a punch line. I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the tax revenue and the very freedom to spend it that I provide, and then questions the manner in which I provide it. I would rather you just said "thank you" and went on your way. Otherwise I suggest you pick up a bus pass and get the ********* ********* off the road” 



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    #15
    TonyStark
    Registered Users Posts: 851 ✭✭✭TonyStark


    Del2005 wrote: »
    Doesn't distant selling cooling off period require the item to be unused?

    No.

    You are entitled to a cooling-off period of 14 days, which begins on the day that you receive the goods. In the case of a service, the cooling-off period begins on the day the contract for distance selling was concluded.


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    #16
    johndoe99
    Registered Users Posts: 1,879 ✭✭✭johndoe99


    the fitter would most certainly have seen that damage when installing.


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    #17
    Del2005
    Registered Users Posts: 18,872 ✭✭✭✭Del2005


    seamus wrote: »

    A purchaser cannot be expected to possess the knowledge/qualifications to both inspect the device and the quality of the installation and then sign off on that before the installer leaves their property.

    It doesn't take knowledge or qualifications to see the damage in the OP. It'd be a different story if it was an internal fault but the OP isn't.


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    #18
    L1011
    Moderators, Business & Finance Moderators, Motoring & Transport Moderators, Society & Culture Moderators Posts: 67,697 Mod ✭✭✭✭L1011


    Del2005 wrote: »
    It doesn't take knowledge or qualifications to see the damage in the OP. It'd be a different story if it was an internal fault but the OP isn't.

    Why would you feel the need to inspect something that someone is going to install for you? Do you check car parts before the mechanic puts them in?

    The fitter should have brought it to their attention and ceased the install; but he likely wouldn't get paid for it then.


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    #19
    ytpe2r5bxkn0c1
    Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    Del2005 wrote: »
    It doesn't take knowledge or qualifications to see the damage in the OP. It'd be a different story if it was an internal fault but the OP isn't.

    Oh yes, I'll pull a washing machine out to inspect the back after someone installs it. Unrealistic in the extreme.


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    #20
    galwaytt
    Registered Users Posts: 12,761 ✭✭✭✭galwaytt


    ...you'll love the latest excuse from them: "we can see it's been plugged in, so would not be able to take it back"

    Really - YOU'RE the muppets who plugged it in ! And plumbed it !!

    Ode To The Motorist

    “And my existence, while grotesque and incomprehensible to you, generates funds to the exchequer. You don't want to acknowledge that as truth because, deep down in places you don't talk about at the Green Party, you want me on that road, you need me on that road. We use words like freedom, enjoyment, sport and community. We use these words as the backbone of a life spent instilling those values in our families and loved ones. You use them as a punch line. I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the tax revenue and the very freedom to spend it that I provide, and then questions the manner in which I provide it. I would rather you just said "thank you" and went on your way. Otherwise I suggest you pick up a bus pass and get the ********* ********* off the road” 



  • Options
    #21
    galwaytt
    Registered Users Posts: 12,761 ✭✭✭✭galwaytt


    Del2005 wrote: »
    It doesn't take knowledge or qualifications to see the damage in the OP. It'd be a different story if it was an internal fault but the OP isn't.

    No, but it does take the purchaser to be present : which he wasn't. He wasn't present to spend €100's with them over the 'net, either - so what's good for the goose etc.

    Ode To The Motorist

    “And my existence, while grotesque and incomprehensible to you, generates funds to the exchequer. You don't want to acknowledge that as truth because, deep down in places you don't talk about at the Green Party, you want me on that road, you need me on that road. We use words like freedom, enjoyment, sport and community. We use these words as the backbone of a life spent instilling those values in our families and loved ones. You use them as a punch line. I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the tax revenue and the very freedom to spend it that I provide, and then questions the manner in which I provide it. I would rather you just said "thank you" and went on your way. Otherwise I suggest you pick up a bus pass and get the ********* ********* off the road” 



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    #22
    ct5amr2ig1nfhp
    Closed Accounts Posts: 5,019 ✭✭✭ct5amr2ig1nfhp


    If it were me...

    Send them a tweet with the problem and a picture. See if you get any joy. URL="https://twitter.com/appliancesdeliv"]twitter page[/URL

    Next up is to send them an email with your complaint [support@appliancesdelivered.ie]. If you don't get a satisfactory response, send them a registered letter [South Block, The Malt House, Grand Canal Quay, Co. Dublin]. If you do not receive a satisfactory response to the letter, send a follow up registered letter stating you will take a case via the Small Claims Court. Wait 14 days (10 working days), then lodge a Small Claims with all the documentation attached.

    Could take a few months to get a court date. I was told it could be up to 6 months. Ended up being about 6-8 weeks. Remember to keep a record of all correspondence and in particular the dates/times.

    Best of luck OP.


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    #23
    WhoWhatWhere
    Closed Accounts Posts: 452 ✭✭WhoWhatWhere


    Marlon Tinkling Nation wrote: »
    If it were me...

    Send them a tweet with the problem and a picture. See if you get any joy. URL="https://twitter.com/appliancesdeliv"]twitter page[/URL

    Next up is to send them an email with your complaint [support@appliancesdelivered.ie]. If you don't get a satisfactory response, send them a registered letter [South Block, The Malt House, Grand Canal Quay, Co. Dublin]. If you do not receive a satisfactory response to the letter, send a follow up registered letter stating you will take a case via the Small Claims Court. Wait 14 days (10 working days), then lodge a Small Claims with all the documentation attached.

    Could take a few months to get a court date. I was told it could be up to 6 months. Ended up being about 6-8 weeks. Remember to keep a record of all correspondence and in particular the dates/times.

    Best of luck OP.


    Or easier still just chargeback on your debit card. 30 days max.


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    #24
    ct5amr2ig1nfhp
    Closed Accounts Posts: 5,019 ✭✭✭ct5amr2ig1nfhp


    When you do a charge back, is it not the case that the retailer can defend the chargeback and the charge can be reapplied to the card by the bank?
    WhoWhatWhere wrote: »
    Or easier still just chargeback on your debit card. 30 days max.


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    #25
    WhoWhatWhere
    Closed Accounts Posts: 452 ✭✭WhoWhatWhere


    Marlon Tinkling Nation wrote: »
    When you do a charge back, is it not the case that the retailer can defend the chargeback and the charge can be reapplied to the card by the bank?

    Yes but if you supply evidence to the bank that the purchase was defective and the company refuses to rectify it their defence is moot. I've used the service before for this same reason.


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    #26
    Terrlock
    Registered Users Posts: 686 ✭✭✭Terrlock


    I have also used appliances delivered.

    Actually bought a fridge, dishwasher and washing machine....had them all fitted too.

    The fitter actually test all the units before he left to make sure the were working properly.

    Did he not do the same for you in Galway?


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    #27
    mickmackmcgoo
    Users Awaiting Email Confirmation Posts: 950 ✭✭✭mickmackmcgoo


    Just because you sign a companies internal delivery docket does not mean you are accepting that the product is in working order or was installed properly. They can put what they want in their small print. The sale of goods act applies.


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    #28
    Odyssey 2005
    Registered Users Posts: 21,065 ✭✭✭✭Odyssey 2005


    Am actively looking for a fridge freezer and have been looking to they're website. Guess what !!!


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    #29
    TonyStark
    Registered Users Posts: 851 ✭✭✭TonyStark


    WhoWhatWhere wrote: »
    Marlon Tinkling Nation wrote: »
    If it were me...

    Send them a tweet with the problem and a picture. See if you get any joy. url=https://twitter.com/appliancesdeliv]twitter page[/url

    Next up is to send them an email with your complaint [support@appliancesdelivered.ie]. If you don't get a satisfactory response, send them a registered letter [South Block, The Malt House, Grand Canal Quay, Co. Dublin]. If you do not receive a satisfactory response to the letter, send a follow up registered letter stating you will take a case via the Small Claims Court. Wait 14 days (10 working days), then lodge a Small Claims with all the documentation attached.

    Could take a few months to get a court date. I was told it could be up to 6 months. Ended up being about 6-8 weeks. Remember to keep a record of all correspondence and in particular the dates/times.

    Best of luck OP.


    Or easier still just chargeback on your debit card. 30 days max.
    It can be challenging enough to set up a merchant account in the first place. They will understand this better than going to the hassle of writing letters etc. One phone call to the right person is all that is needed to sort this out.


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    #30
    rubadub
    Registered Users Posts: 32,373 ✭✭✭✭rubadub


    Del2005 wrote: »
    That's why you're supposed to inspect it on delivery. The box would have had damage and the delivery person told to go away.
    How are you so sure the box was damaged? I suspect it was, but it could have been damaged in the factory and a dodgy employee fully aware of the damage might have had a vested interest to let it slip through.
    Del2005 wrote: »
    It doesn't take knowledge or qualifications to see the damage in the OP.
    Exactly, so you appear to admit the installer would certainly have seen the blatantly obvious damage, being far more experienced than the average joe soap or auld granny. As they went ahead and installed it then it seems they must have had a vested interest in not installing it, and so they likely damaged it themselves, or a workmate did. If a dodgy employee in the original factory had stuck a broken product in a perfect box they would have detected it immediately upon unboxing, and there would be no vested interest in them not reporting it. They could show their boss the box was in perfect condition and nothing to do with them.


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    #31
    dok_golf
    Registered Users Posts: 1,090 ✭✭✭dok_golf


    Just to add my tuppence worth,today, Tuesday, I finally received delivery of the dishwasher that was due to be delivered last Friday ( rang at 5.00pm Friday evening to discover the machine had never left the depot ). On opening the package, I discovered a huge crack running from one side to the other on the top of the machine. Today, is the second day I have had to take off work in order to take delivery. On top of all that, I cannot now use my kitchen sink as the water just flows out where the dishwasher was attached and as I now don't have any dishwasher, so there is a considerable hygiene issue. I contacted Appliancesdelivered.ie twice. They refused to cover the cost of a plumber to come out to blank off the sink so water won't just pour on the floor, nor would they allow me to hook up the drainage hose of the faulty machine, which would have saved the cost of a plumber. They eventually offered to replace the dodgy machine next Thursday. At no stage, would they even offer to make a gesture of goodwill for all the inconvenience caused. Word of warning to everyone, Appliancesdelivered are cheap for a reason ( they also charge 40 euro delivery). Methinks a date will be set with the Small Claims Court.


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