broken fish tank

[batad]

I recently purchased a fish tank online which I was informed would be delivered friday ( tomorrow ). So I rang the company involved, to ensure delivery would be Friday so that I could arrange to take delivery. The company advised me that it was dispatched Wednesday for delivery Thursday. So I arrive home from work to find it was left next door by the courier. On examining the contents I find the tank is broken.

The web site states contents should be checked when accepting parcel for obvious reasons, but courier should have been advised to deliver only to adressee. Could anyone give me some advice on my predicament.

[BankFodder]

You are in an excellent position. You are protected by the distance selling regs and also by your contract.

 

Write them a letter sent special delivery immediately rejecting the tank and explaining the reasons.

Send the letter also by email and fax if possible so that there is no mistake. If you make calls, then record your calls. If you really can't record them then makes detailed notes - but you will regret not recording them.

[batad]

Thanks for the super quick reply BankFodder. To be fair to the web site, I am only just about to contact them by email and call them tomorrow morning. I will update tomorrow. By the way I found this site purely by accident but I think what this site is about is excellent

[Conniff]

You only have 7 working days starting the day after delivery to get your notice of rejection in to them, so don't waste time.

[batad]

could you please clarify who to send the rejection letter to. The web site or courier. here is a copy of contact note left on web site contact us sent tonight

 

Please be advised your courier delivered the cabinet & tank today (13/05/2010 )order number *** to number 42 ***** *****, as there was no one in my house, as I was advised delivery would be Friday (14/05/2010). After collecting them I proceded to put the cabinet together. After completion I proceded to open the boxed tank only to find the bottom glass to be broken.

I have a few concerns regarding this. Your web site states if no one is in to recieve delivery, it shall be taken back & I will be offered another delivery date, or if I chose I can collect direct from courier myself.

It is unreasonable for someone to inspect a delivery that does not belong to them. And on delivery of tanks for obvious reasons your courier should be advised of this.

To cut it short,I or no one from my household signed for the tank, I am not responsible for accepting delivery of a broken tank, Your courier should not have left it with anyone but someone at the delivery address. I therefore reject delivery of the tank and shall call you Friday am 14/05/2005 to discuss a resolve. If you supply me with an email address, I can supply photos of broken tank.

Also be advised I have kept a copy of this contact note for my records and I shall be sending a letter via recorded delivery an official rejection of acceptance."

[Conniff]

You are rejecting it with the seller. You don't have to give a reason, but you can tell them it is broken.

 

Unless their site actually says you have to pay to return it, then it is up to them to collect. If you are returning it because it is damaged, then they have to collect at their cost anyway.

 

They have 30 days to return what you paid including the delivery cost to you.

 

Would you like to pm me the website adddress so I can take a look at their terms and conditions and how it fairs up legally>

 

The rejection under DSR must be done in writing unless they say they will accept it by phone but I would still send it by hard copy anyway.

[batad]

cheers Conniff PM sent

[Conniff]

Ok - they say that you are responsible for returning it, "You will be required to return all goods for which you have given notice of cancellation at your own expense", so you need to do it as damaged and then they have to pay the courier to return.

 

There are a few things in there that they might try on ie; "Before returning any item to xxx, you must contact us first by either phone or email within 24 hours,"

 

They also say within 7 days, but that is 7 days starting the day after receipt and it is working days so it you received it today, then you have until Mondy week to get the notice to them.

There are a few contradictory terms in there, but in general they don't seem to have tried to mislead.

 

Make sure you let us know what the reply to your email is and then we can take it from there if they dispute anything.

[batad]

Hi guys, this is the way thing have gone today. I rang retailer today to see which way we can go to resolve, to which I was treated very sympathetically, they gave me an email address to send photographic evidence of the broken tank. He rang me back after about 5 mins to let me know the courier appears to have put its hands up to delivery problem on provision of evidence of the broken tank. He also stated that it is not required for me send back the broken tank. And he was ordering a new tank which should be ready to dispatch to me next week

So this afternoon I have emailed the retailer photoes of the damage tank, photo of my reciept for tank and a photo of the couriers card stating the tank was left next door.

Also on the advice of Conniff I have sent a letter by special delivery rejecting delivery for the reasons stated previosly, just in case they are try to stall me for time.

So things are looking good and i shall update again as soon as I know more.

[batad]

Final chapter,

True to their word. the guys from the aquatic site dispatched a new tank to me today. My wife took the day off work to accept delivery. The courier shows up around 11.00am, brings the boxed tank to the door. He pleased to see my wife is in to accept delivery this time. My wife having learned lessons previous insists on checking the tank before signing. Yes you guessed right broken again. Never mind crap happens & I'm sure the courier did'nt break it on purpose. So after a couple of phone calls to the online retailer for what it's worth are based in Cardiff, if you require anything aquatic, could not be more appologetic.So I decided to put us all out of our misery. I was debited back the cost of the tank, & I agreed to keep and pay for the cabinet. I sourced one locally after work, cost an extra £25. Now my fish are happy again. If you ever get to read this Craig & Paul, good look with the business, & if I'm ever in Cardiff I'll look you's up & have a pint. Good old fashioned customer service.

[loopinlouie]

Seems they must get a lot of these tanks arriving broken at this rate. Imoaned at mine turning out about fourty pounds more expensive than found later on line. But as local firm they carried it upstairs and I was told internet firms tend to be pallet deliveries.

 

Must say though these things weigh a tonne, mines a fluval 240 I couldnt lift it.

 

Glad your fishies will be happy now xx

[batad]

Thanks guys