Help on Consumer Rights Act - Customer received item and says its Damaged

[CoralMoon]

A customer ordered an item from me which was sent out as normal. Its a large item but breakable and we have a trusted delivery partner that delivered it. I have info on my website that says that the delivery guys will unpack it with the customer but this didn't happen for whatever reason. The customer then contacts me over a week later saying he's opened the item but its badly damaged and can I send a replacement. I have seen pictures and it is damaged badly.

They have had it in their possession for well over a week and it could have been damaged by the customer in that time. I think the Consumer Rights Act says risk passes to the customer on delivery but the customer is saying that if they report it damaged within 30 days then its me who has to prove it wasn't already damaged at delivery.

I don't have proof because the delivery guys didn't open like they are meant to, but we haven't ever had a problem before.

Can I refuse a replacement or a refund since they didn't open it for well over a week? If they file a money claim will they end up winning?

 

[fisicx]

In this case the customer is likely to win. The fact they didn’t unpack for a week is irrelevant.

Your claim would be against the courier who failed to unpack and check the item on delivery (I’m assuming this is a service you pay for).

 

[CoralMoon]

In this case the customer is likely to win. The fact they didn’t unpack for a week is irrelevant.

Your claim would be against the courier who failed to unpack and check the item on delivery (I’m assuming this is a service you pay for).

The delivery company are paid by the customer (cash on delivery) not by me, but its a company that I told the customer to use as we work with them a lot and they are usually reliable for getting the items safely delivered.

 

[fisicx]

Ok. But is part of the delivery process a requirement to unpack and check the contents?

Does the customer have to sign to say they have checked?

 

[CoralMoon]

Ok. But is part of the delivery process a requirement to unpack and check the contents?

Does the customer have to sign to say they have checked?

Yes it is part of the delivery process and the customer is supposed to sign but for some reason the delivery company didn't unpack or get a signature.

 

[fisicx]

Then your complaint and request for compensation is with the delivery company.

You are obliged to replace the damaged goods.

 

[CoralMoon]

Sorry to drip feed, but the customer has also had workmen in the house. Would I have any recourse to say that it's been stored in an unsafe location? The customer has said that none of his workmen have caused the damage but since our delivery team usually always get good delivered safely I have a strong suspicion one of the workmen has maybe dropped it by accident. No one has confessed though.

 

[fisicx]

All irrelevant. When the box was opened the goods were damaged. Which means the customer it entitled to a refund or replacement.

You claim on your or the couriers insurance and carry on.

Maybe rethink your packaging.

 

[CoralMoon]

All irrelevant. When the box was opened the goods were damaged. Which means the customer it entitled to a refund or replacement.

You claim on your or the couriers insurance and carry on.

Maybe rethink your packaging.

Understood. I appreciate the replies and help!

 

[Gecko001]

So you gave the customer the name of a courier to collect an item from you and the customer paid that courier directly. If that is the case, then it is only the customer that can give instructions to the courier, as they are the one who has the contract with the courier. You have no contract with the courier and thus the courier can ignore instructions from you about checking the contents on delivery.

 

[Newchodge]

A customer ordered an item from me which was sent out as normal. Its a large item but breakable and we have a trusted delivery partner that delivered it. I have info on my website that says that the delivery guys will unpack it with the customer but this didn't happen for whatever reason. The customer then contacts me over a week later saying he's opened the item but its badly damaged and can I send a replacement. I have seen pictures and it is damaged badly.

They have had it in their possession for well over a week and it could have been damaged by the customer in that time. I think the Consumer Rights Act says risk passes to the customer on delivery but the customer is saying that if they report it damaged within 30 days then its me who has to prove it wasn't already damaged at delivery.

I don't have proof because the delivery guys didn't open like they are meant to, but we haven't ever had a problem before.

Can I refuse a replacement or a refund since they didn't open it for well over a week? If they file a money claim will they end up winning?

Yes they will. They can reject any item for any or no reason for 2 weeks after delivery.

 

[GLAbusiness]

Am I right in thinking that you sold the item to the customer on the basis that customer arranges collection from your premises?

IANAL but it appears to me that your responsibility ends when customer collects from you Your contract with the customer does not include delivery.

Is this the situation?

 

[Gecko001]

Why have you insisted that the customer arranges for the item to be collected from you? This seems a very strange way of selling online. Also, I probably would refuse to buy something online if I had to pay for a courier directly to collect the item. I know people buying cars online might pay for a delivery lorry to travel to the seller's place and collect the car, but for items sent in a box?