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Littlewoods delivery of damaged dishwasher

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  • 19-10-2015 1:30pm
    #1
    JohnnyBoyxxx
    Registered Users Posts: 6 ✭


    Hi, I received a brand new dishwasher from Littlewoods via DHL last Friday. It came with Styrofoam on the four corners and wrapped in plastic.

    A fitter installed it this morning and afterwards noticed that the front door panel was severely dented in 3 separate areas of the door.

    After contacting Littlewoods they informed me that they cannot replace because it was already installed and that the best they could offer me was a 10% discount off the total value.

    Does anyone know of any other course of action I can take to get this issue resolved.


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    #2
    Yawns
    Banned (with Prison Access) Posts: 4,255 ✭✭✭Yawns


    would the 14 day cooling off period not apply here as it was ordered online. You can return it for any reason. I think you might have to pay postage costs but worth checking into it further.


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    #3
    dilallio
    Registered Users Posts: 2,728 ✭✭✭dilallio


    Any decent fitter would have told you about the damage after removing the packaging and before they installed it. This would have given you the option of informing Littlewoods. They may suspect that the damage was caused during installation.


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    #4
    slimjimmc
    Registered Users Posts: 7,786 ✭✭✭slimjimmc


    dilallio wrote: »
    Any decent fitter would have told you about the damage after removing the packaging and before they installed it. This would have given you the option of informing Littlewoods. They may suspect that the damage was caused during installation.
    They may indeed suspect that happened but the law says any defect found within the first 6 months is assumed to have been there at the time of delivery unless shown otherwise, subject to the nature of the goods/defect. Therefore the onus is on the seller to show the damage occurred after delivery, not on the consumer to prove he or the installer didn't cause it.


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    #5
    VeVeX
    Registered Users Posts: 1,390 ✭✭✭VeVeX


    slimjimmc wrote: »
    They may indeed suspect that happened but the law says any defect found within the first 6 months is assumed to have been there at the time of delivery unless shown otherwise, subject to the nature of the goods/defect. Therefore the onus is on the seller to show the damage occurred after delivery, not on the consumer to prove he or the installer didn't cause it.

    I'm sure that covers faults not cosmetic damage. It would be a bit silly if you could challenge the retailer months after receiving an item for cosmetic damage and the onus was on them to prove it happened after delivery.

    If I get a delivery of white goods or any other expensive item I will not sign for it until I've checked that there is no obvious cosmetic damage. If that means unboxing it while the guy waits then so be it.

    When you sign for any item you are signing that the goods have been received in good condition.


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    #6
    mattaiuseire
    Banned (with Prison Access) Posts: 295 ✭✭mattaiuseire


    This is why all delivered and packaged goods should be thoroughly inspected before signing off.

    Unfortunately you will have some difficulty with this as by all accounts the company can blame you for the damage and prove that you signed a docket confirming you were happy with it on arrival. Next time mark next to your signature something along the lines of "Unable to inspect" or "not checked" etc.

    Couple of options for you:
    1) Threaten legal action and quote Sale of Goods Act - do some research on it first.
    2) Take the discount (which by the way is a little worrying - if they have offered a goodwill gesture to me that's tantamount to an apology/accepting some liability) and order a new replacement panel if possible.

    SoGA in reality allows us "reasonable time" to inspect goods. Littlewoods therefore have no right to decide that because it was already installed they cannot exchange - they can, they just simply don't want the hassle and it's easier to fob you off with a 10% discount.

    I, for one, would stand my ground and insist they arrange for a replacement. If you do not get anywhere, arrange for the item to be delivered back within your 14 day cooling off period, and request a refund. If no refund is actioned, contact your bank or credit card issuer and have the money charged back to you.


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    #7
    slimjimmc
    Registered Users Posts: 7,786 ✭✭✭slimjimmc


    VeVeX wrote: »
    I'm sure that covers faults not cosmetic damage.
    It covers any defect, and even non-defects. Consumer law talks in terms of 'lack of conformity' or 'breach of warranty' which basically means you not getting what you believed you bought, be it faulty, damaged, the wrong colour, etc.
    VeVeX wrote: »
    It would be a bit silly if you could challenge the retailer months after receiving an item for cosmetic damage and the onus was on them to prove it happened after delivery.
    Agreed, that's why the consumer also has an obligation to report any 'lack of conformity' promptly on discovery. The type of defect is also a factor. Waiting months to complain about a dent that was there from delivery is unreasonable and unlikely to succeed. However if a spot of rust started to appear after a few months then you have valid grounds for complaint.
    VeVeX wrote: »
    If I get a delivery of white goods or any other expensive item I will not sign for it until I've checked that there is no obvious cosmetic damage. If that means unboxing it while the guy waits then so be it.

    When you sign for any item you are signing that the goods have been received in good condition.
    That's good practice, and if you can't check at the time you should write "not checked" or similar on the delivery docket.


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    #8
    JohnnyBoyxxx
    Registered Users Posts: 6 ✭JohnnyBoyxxx


    Some good advice and thanks. I'm going to try and return the item. I'll keep you posted on what happens.


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    #9
    JohnnyBoyxxx
    Registered Users Posts: 6 ✭JohnnyBoyxxx


    I contacted consumerhelp.ie and they informed that under the 'Sale of Goods Act' if the item you receive is not what it should be and even if the damaged was discovered after it was fitted in place and if you believe the damage to have happened before you received it, then you are entitled to the following 3 forms of redress.

    1. Collect and replace
    2. To be repaired
    3. A full refund

    Armed with this new information i contacted Littlewoods customer service and explained all this in a polite manner and they've agreed to source a new panel and have it sent to me, which is a lot more convenient for me.

    note: If they ask try to provide a contact number for the manufacturer for you to deal with you are also in the right to insist that they deal with them directly on your behalf.

    Thanks to all that took the time to help with this issue.

    Kind regards
    John


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    #10
    salamanca22
    Registered Users Posts: 1,179 ✭✭✭salamanca22


    Yawns wrote: »
    would the 14 day cooling off period not apply here as it was ordered online. You can return it for any reason. I think you might have to pay postage costs but worth checking into it further.

    No as the item has to be in a resalable condition, if it has been installed then it will not be able to be sold as a new item. The 14 day rule is meant to allow someone to inspect an item to the same standard as if they were in a store and were allowed to inspect the item before purchase.

    The OP does have other avenues though as they have discovered. Good luck OP.


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    #11
    Yawns
    Banned (with Prison Access) Posts: 4,255 ✭✭✭Yawns


    salamanca22 wrote: »
    No as the item has to be in a resalable condition

    It actually doesn't.
    Cancellation will not be accepted in certain cases including where:

    The provision of services have already begun with your agreement
    The price of the goods or services is dependent upon financial market fluctuations that are beyond the trader's control
    The goods cannot be returned because they were made according to your specifications or were personalised for you
    The goods are liable to deteriorate or expire rapidly
    The goods seals have been broken by you and cannot be returned for health protection and hygiene reasons
    The goods are audio/video tapes or computer software whose seals have been broken by you
    The goods are newspapers or magazines
    The goods were purchased at a public auction

    Taken from citizen's info here


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    #12
    Yawns
    Banned (with Prison Access) Posts: 4,255 ✭✭✭Yawns


    The only thing that might stop the OP returning it under the 14 day cooling off period is the cost of returning the dishwasher. However there's a loophole in that if the site didn't mention that the buyer would have to cover cost of returning the item under this rule, then the seller must accept the cost. But being a big retailer, it would most likely be covered in the t&c's about transportation costs.


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