FEATURE
and whether a longer lead time has been “agreed otherwise” in the contract.
LATE ARRIVAL If the goods were bought on or after the 1st October 2015 and the delivery has taken more than 30 calendar days then the consumer can legally cancel the contract and get a refund, whether the item was bought online or in store.
The Act makes provisions to this rule that it is, “unless agreed otherwise”.
If the delivery has taken less than 30 days, a customer’s rights are dependent on how the item was purchased.
• If the item was purchased online, then under the Consumer Contracts Regulations 2013, the consumer can reject the items for whatever reason for up to 14 days following delivery.
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Delivery is a huge part of the tile & stone industry, with fragile and often heavyweight
products, there is a host of potential issues to contend with. Emma Fowler, Ombudsman at The Furniture Ombudsman, looks at some of the more common scenarios and offers advice.
We are often asked how the legal position of deliveries has changed in the Consumer Rights Act 2015 (CRA). Issues arising out of delivery pose problems for both consumers and retailers. Problems are varied and include compensation or requests to cancel for late deliveries, and delivery damage to property and goods.
DELIVERY Following the introduction of the Consumer Rights Act on 1st October 2015, there is now an implied term in contracts for the sale of goods, that goods must be delivered without undue delay, not more than 30 days after the date the contract was entered into (unless agreed otherwise).
Where orders have a lead time that is greater than 30 days, it is imperative to check whether the consumer entered into the contract before or after the 1st October 2015. This will affect whether the “30-day rule” applies
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• This does not apply to goods bought in store. If a delivery is delayed, but still delivered within 30 days, the consumer will not be entitled to a refund unless the goods are faulty.
It is worth checking your lead times with your suppliers to ensure that you are able to meet this deadline if you have not specified otherwise.
DAMAGED GOODS When damage occurs either to goods during delivery or to the home whilst goods are being delivered, it is important to determine who is responsible and what can and should be done.
With regard to damage to the goods themselves, the CRA states that the goods remain at the trader’s risk until they come into the physical possession of the consumer, or a person identified by the consumer to take possession of the goods. Therefore if the goods are damaged in transit, and arrive to the consumer damaged, they are still the responsibility of the trader.
This provision of the CRA does not apply if goods are delivered by a carrier who is commissioned by the consumer. The trader is only responsible if the deliverer of the goods is a named option by the trader. If the goods are not inspected upon delivery, then the case is likely to come down to evidence as to how the damage occurred.
The fact that the consumer has signed a delivery note would not absolve the retailer from liability if there were then subsequent issues. It is worth double-checking your terms and conditions with your carrier companies if deliveries are not handled in-house, because although the consumer’s contract is with you, where there is proven liability of delivery damage which is the responsibility of the carrier, their insurance should cover any claims from you, the retailer.
Members of The Furniture Ombudsman can seek advice on these issues. Further, membership will provide your consumers with access to an alternative dispute resolution body to assess the evidence and provide a fair and impartial decision.
www.thefurnitureombudsman.org www.tomorrowstileandstone.co.uk
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