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Damaged goods blamed on customer and delivery service by Seller

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Hi

 

We are a small block of flats managed by our own residents.

 

One of our leaseholders ordered some post boxes from an online retailer who it was thought was reputable and could be relied upon to supply us with two banks of post boxes.

 

The post boxes arrived on a large pallet and the lady who ordered them did not open them at the time as everything appeared to be ok from the outside,,,,

 

A few days later she took a brief look inside the wrapping only to discover that the pallet had taken a knock somehow and the weather shields which surrounded the post boxes had been damaged,,,

 

The lady who ordered them then contacted the supplier to tell them about the damage, and they told her that there was nothing they could do as she had not checked the delivery on arrival.

 

She disputed this, so they then told her that she should take it up with the delivery company,,,,

 

After considering what they had said, she then told them that she was not happy with the goods and that they should rectify the problem,,,, they eventually agreed to send new weather surrounds for both banks of letterboxes, which they said could easily be replaced as they were bolted on.

 

But, a few days after when one of the directors decided to unpack the pallet properly to check the rest of the contents, it was discovered that there was also dents and scratches on some of the post boxes.

 

Please can you advise what would be the next step, can we ask for a refund, as the post boxes are not in good condition and cannot be replaced individually as they are pop-riveted together,,,

 

Any help would be gratefully received, and am I right in thinking we have 30 days in which to ask for the goods to be replaced, or a refund?

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Hi

 

Could you just clarify that the flats you mention are run by a 'Residents Management' for your entire building?

 

Is the 'Residents Management' a Public Limited Company (PLC)? https://www.gov.uk/set-up-property-management-company

 

Was the purchase of these Post Boxes via that 'Residents Management'?


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Hi Stu

 

Yes, that is correct, and we had to pay for them before delivery

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Hi Stu

 

Yes, that is correct, and we had to pay for them before delivery

 

Do your rights as a consumer differ if you are purchasing as a cocmpany, even if it is a company limited by shares, and solely for the purpose of managing a property, and non-profit making.

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Hi

 

As you have ordered the goods via the Residents Company then yes as this was not a consumer purchase but a company/business to company/business purchase so commercial.

 

Who were the goods ordered from?

 

How did they pay for the goods?

 

What do there terms & conditions say about delivery, damage, refunds etc?


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Hi Stu007

 

The goods were ordered from Postboxshop by one of the directors.

 

The terms and conditions are below, I see from down.oafing it they only give us 3 days to report any damage,,,, bit unfair, but it took just over a week to report it,,,,,,

 

 

ORDERS

 

Prices advertised on the internet shop are inclusive of VAT. Quotations for Bespoke Banks of Mailboxes are subject to VAT at the current rate. Prices and information given in catalogues, prospectuses and price lists shall not bind us in a formal manner. Cancellation of a duly registered order may only be obtained with our agreement. No orders for special items may be cancelled under any circumstances. Items shall be guaranteed against all manufacturing defects. This does not include the misuse or wear and tear. Cylinders are guaranteed for 3 months. After this period, replacement of parts acknowledged to be defective, the transport of the returned and replaced goods being at the customer’s expenses. A site visit and inspection by a Postbox Shop Ltd qualified representative or member of staff will be chargeable. Although designed to give the maximum safety, our locks do not afford absolute inviolability or individual exclusivity. In the event of accidental or intentional half-opening, picking with or without signs of door breaking, we cannot under any circumstances be held responsible for the consequences. Orders will be manufactured as per the details on our quotes unless otherwise specified. All quotes are to be in writing. Postbox Shop Ltd will not be held responsible for quoting incorrectly when requested verbally. All orders must include the quote reference and a copy of the quote with any special drawings which may have been supplied originally.

 

DAMAGES

 

Any damages must be communicated in writing within 3 working days of receipt of goods at the place of destination specified on the order. Postbox Shop Ltd reserves the right to inspect these damaged goods before any decision on replacement or repair is taken. Postbox Shop Ltd will arrange for collection of any damaged goods in their original packaging if notified within 3 days of receiving the goods. Photographic evidence is required prior to collection.

 

When returning goods, please ensure they are packed up securely using the original packaging supplied or use enough packaging to ensure no further damage is caused during transit back to our premises Goods must be returned to Postbox Shop Ltd at the customers own expense after this time unless otherwise agreed with a member of Postbox Shop Ltd Staff. If upon checking the goods they are found to be damaged and the original packaging has been disposed of, the customer must return the goods packed up at their own expense. Any further damages caused by returned goods not being packed up correctly will be chargeable to the customer. Once goods have been received back at Postbox Shop Ltd any decision taken with regards to the replacement or repair will be communicated back along with an expected delivery date and/or costing. Postbox Shop Ltd and the appointed Carriers will not be held responsible for further damage caused by returning the goods to our premises. These extra damages will be chargeable to the customer.

 

DELIVERIES, RETURNS & POD’S

 

Delivery times are given for information only and to be used as a guideline. Postbox Shop Ltd accepts no responsibility for cases of delayed deliveries or mislaid items either on site or through the courier service. Delivery times quoted are in working days or weeks, and do not take into account factory shutdown or Holidays. Please consult us for details on these dates when placing an order. All claims for errors, omissions, shortages must be communicated within 3 working days of receipt of the goods at the place of destination specified on the order. This also applies to faulty goods. Returned goods will not be accepted without prior agreement. This must be confirmed in writing. If goods are received damaged, no credit will be raised and the original invoice will stand in full. No orders for special items may be returned under any circumstances. Proof of Delivery requests must be put in writing. POD's are available only for goods delivered within the last 3 months. For goods sent with Royal Mail - Postbox Shop Ltd will only supply a tracking reference.

 

CARRIAGE

 

Orders for individual mailboxes over £99 will be delivered carriage paid. (UK Mainland Only) For orders under £99, there will be a carriage charge of £9.90 (inc VAT). Delivery will be within 7-10 working days. Carriage charges for outside UK Mainland i.e. Channel Islands, Isle of Man, Northern Ireland, Republic of Ireland and all off shore destinations are available on request. We reserve the right to package goods in the way we see fit. Should you have specific packaging instructions Postbox Shop Ltd reserves the right to charge extra for this facility. Carriage for replacement spare parts such as keys and cylinders is £4.95. Goods are sent by Royal Mail Recorded Delivery. A Royal Mail Special Delivery service is available at £6.90. This must be specified on the order or goods will be sent via Royal Mail Recorded Delivery for which Postbox Shop Ltd accepts no responsibility once the goods have been dispatched using this service. Carriage on banks of mailboxes that are palletised will be chargeable according to size of pallet and number of banks ordered: PRICE ON APPLICATION

 

PAYMENT CONDITIONS AND RETENTION TO TITLE

 

All goods shall be paid for in full by BACS, cheque or credit card prior to despatch, unless otherwise agreed in writing. We reserve the right to charge interest on overdue payments. Title to the goods shall not pass until full payment has been received. Until the title and property of the goods pass to the customer, we may at any time, without prior notice to the customer, repossess and resell the goods. For the purpose of exercising our rights, we, our employees or agents, accompanied by such vehicles or plant that the company may consider necessary, shall be entitled at any time, without prior notice to the customer, to free and unrestricted entry upon the customer’s premises, or such other locations where the goods may be located for repossession.

 

QUOTATIONS FOR MULTIPLE LETTERBOXES

 

If the quotation you receive is not as per your requirements, please contact us and we will amend the quotation accordingly.

 

All requests for quotations must be in writing. We are unable to quote on an ‘as per previous order’ basis. Price for Carriage outside the UK Mainland is available upon request.

 

Carriage is chargeable on all banks of mailboxes palletised and will be specified on the attached email. Please ensure you confirm carriage charge when placing your order.

 

Please double checked the details such as RAL colour, configuration, surround and stand (if applicable) before ordering as Postbox Shop Ltd will not be held responsible for any incorrect orders as all banks of mailboxes are manufactured as per the quotation. All orders must have the quotation number and a copy of any special drawings and the quotation attached to ensure that the order is not delayed.

 

Please confirm all details are correct by signing the attached drawings and faxing a copy of the signed quotations along with your order.

 

Postbox Shop Ltd is unable to take back any unwanted goods once the order has been processed. Orders for Banks can be cancelled within 3 working days of us receiving the order. Please allow a 10mm tolerance on all drawings supplied. Please clearly specify if you require a carriage costing for outside the UK Mainland delivery.

 

For mailboxes being fitted in a Coastal Area, Postbox Shop Ltd only recommend using mailboxes finished in Satin Stainless Steel Grade 304 due to the harsh weather elements.

 

Payment Terms

 

Payment is on a Proforma basis and payable within 7 days from date of order

 

VERBAL ORDERS WILL NOT BE TAKEN.

 

Registered in England and Wales. Company Number: 5371618

 

VAT Number: 855989842

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now, dents can be caused by external forces without it being obvious from the outside but scratches must have been caused either through the packaging or before the items were packed. Do you still have the packaging and if so do any marks on it match up with the damage? if there are some that dont then this shouidl be reported back to the company and let them know that the goods arent of merchantable quality and thus even though it is a B2B contract that voids the contract and you will be seeking your money back.

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Hi, that is a very good point, but am not sure if they will still have the packaging,,, will need to check.

 

In the meantime, does anyone else have experience of this 3 days to check what was a very large parcel on a pallet,,,, and not an easy task for an elderly lady to open up and check on her own,,,

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the that is something that the residents co should have though about before letting her order it. If you want to get them to take the matter seriously then you have to behave impeccably when it comes to protocol so you better have the packing material or you swallow on this and get someone to hammer out the dents and repaint.

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