Distance selling regulations

[Aspman]

Does anyone know if these apply to goods ordered in store?

 

Long story short, ordered new kitchen. Couple of things missing from the order couple of damaged items too.

 

All getting sorted bar one thing, the built in microwave.

 

For some reason they are getting shirty about this.

 

They say it was put on the van, I say I haven't got it.

 

I signed delivery 'unchecked' (coz it was) delivery guys didn't tick off any appliances (have sheet), others are here fine.

 

Just want to check what I can use before I start to get my complaining hat on. Basically I'd like to demand a refund and just source my own.

 

If I can use distance selling regs they are over the 28 days. Missing micro is an operational issue for them not my prob.

 

 

[cheezemonkhai]

Don't apply if you met the sales person (A salesperson) in store.

 

Did you use credit card?

 

To be honest if the built in microwave didn't turn up, it would be reasonable to check the consignment within 28 days (probably 7) to make sure was all there.

I wouldn't give up, but you might not be finding it easy.

 

Oddly I had a similar problem years ago with things not turning up after promise after promise that they would.

Eventually I complained all the way to the top (Cheated on the phone) and they followed the items to the final delivery depot.

 

Turns out there were a few staff on the take who were taking a few of every load home, piling them up then flogging them on ebay or similar.

I got a rather large apology, but I think they were happy they had found out what was going on as they had had a lot of complaints about delayed goods.

I am fairly certain the guys in question there ended up in court.

 

So I guess what I'm saying is they have to prove they delivered it, you can say it wasn't, so it's then time to look at the courier.

[gadgetman]

Most companies will have terms and conditions usually covering responsibility of checking deliveries and a signature is acceptance of the order and checking it. Usually only damaged items can be claimed as the order should have been checked as complete. Exceptions are usually boxed items where you wouldn't know until it's opened.

Signing unchecked, legally, is your issue not the company's especially if you're outside any grace period they may offer.

You might struggle after 28 days to say you've just noticed it's missing

[Aspman]

Missing micro was reported within 24hr of delivery. 28 days was only going to apply from the date of the original order not the delivery date.

[999pooch]

Missing micro was reported within 24hr of delivery. 28 days was only going to apply from the date of the original order not the delivery date.

Paid on credit card? They usually resolve things very swiftly

[Aspman]

Paid on credit card? They usually resolve things very swiftly

 

Visa Debit which may or may not help. Too much for my credit limit on the cc unfortunately. 

[999pooch]

Visa Debit which may or may not help. Too much for my credit limit on the cc unfortunately.

Debit cards do have protection and maybe a fallback if the other options don't bear fruit

[gadgetman]

Missing micro was reported within 24hr of delivery. 28 days was only going to apply from the date of the original order not the delivery date.

Apologies, misread as 28 days.

On that case they should sort it.

[cheezemonkhai]

Missing micro was reported within 24hr of delivery. 28 days was only going to apply from the date of the original order not the delivery date.

 

In that case, not a leg to stand on, but distance selling probably won't cut it.

Visa debit gives you some protection.

 

How expensive was the microwave and do any of the parts have a warranty you're ever going to claim on?

[Huskoda]

The DSR were replaced by the Consumer Rights Act. Under that they have 30 days to deliver all the goods unless otherwise agreed. http://www.legislation.gov.uk/ukpga/2015/15/section/28/enacted Section 28.3.B

 

The responsibility for the delivery, as concerns you, is 100% on the supplier and nothing to do with their chosen carrier.

[Aspman]

In that case, not a leg to stand on, but distance selling probably won't cut it.

Visa debit gives you some protection.

 

How expensive was the microwave and do any of the parts have a warranty you're ever going to claim on?

 

Not cheap, £350.

They might sort it yet, I just like to have my arguments backed up.

[999pooch]

The DSR were replaced by the Consumer Rights Act. Under that they have 30 days to deliver all the goods unless otherwise agreed. http://www.legislation.gov.uk/ukpga/2015/15/section/28/enacted Section 28.3.B

The responsibility for the delivery, as concerns you, is 100% on the supplier and nothing to do with their chosen carrier.

Correction-

The Consumer Rights Act 2015 repaced the Sales of Goods Act.

The Consumer Contract Act 2013 replaced the Distance Selling Regs.

Whilst the new CRA briefly covers distance selling, the CCA 2013 is the full legislation that the CRA refers to

[Aspman]

Oh well fears unfounded.

 

I sent a more pointed email and they're delivering another.

Unfortunately there is no one here that day and they've given me no contact details to make alternative arrangements.

[VWD]

Social media, or if you can find CEO e mail - I find works well .

[Aspman]

M/W getting delivered to my parents.

 

After sales seems to be one person called Claire, but she does seem to be getting it done.

 

Replacement doors and missing pelmet arrived today.