OT: Delivery Conditions - unreasonable?

[PeterC]

Then if the terms instruct the opposite?

[PeterC]

Had that with a washing machine. Fortunately the machine was OK and it was delivered by John Lewis so no problems at all.

[PeterC]

Except that then you're directly contravening the terms by 'admitting' that it's damaged then accepting it.

[Peter Crosland]

Are you buying as a private individual? If so the conditions are not only unenforceable but bay also constitute unfair trading.

Peter Crosland

[PeterC]

Private. If that above is so, the situation isn't so bad. I'm a bit suspiscious of a company that has conditions such as those. One item that I want has plenty of suppliers but the price ranges from £92 to £150!, so the choice is actually limited to a few.

[Peter Crosland]

If you need to quote the law to the company then it is

"Sale of Goods Act as amended by the Sale and Supply of Goods to Consumers Regulations 2002.

Section 20 Passing of risk

(4) In a case where the buyer deals as consumer... the goods remain at the seller's risk until they are delivered to the consumer."

If the seller is a business they cannot alter this by any exclusion clauses so whether they like it or not they are responsible for the goods until they are safely delivered to the buyer.

Also note that if you paid by credit card, and the supplier will not play ball and the cost is £100 or more then the credit card company is also liable.

Peter Crosland

[PeterC]

Thank you - that's useful to know, if...when (pessimist, but on whisky so the spelling might change).

Unfortunately (FSVOU) not; one place might be, but on 2 items and the CC greedists can get out of that.

[dennis]

The law covering this is not confined to credit cards. It is the consumer credit act and applies if you pay by cheque or debit card if it is out of an overdraft (credit). It doesn't matter how many items there are either as long as the total is £100.

[PeterC]

There was something recently on TV where this applies if it's an invoice for =>£100 for several items and only the total shown, but if the invoice does show individual items of

[dennis]

[PeterC]

Probably the CC providers trying to wriggle out of it.

[Grimly Curmudgeon]

We were somewhere around Barstow, on the edge of the desert, when the drugs began to take hold. I remember "js.b1" saying something like:

Indeed. A few months ago a fairly large arrived in a box that looked fine and undamaged. Opening it revealed an item that had been smashed beyond use or repair. To give DHL their due, they coughed up virtually right away.