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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70720
Experience:  Over 5 years in practice
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I ordered a bed online from an ebay shop and signed for it

Customer Question

I ordered a bed online from an ebay shop and signed for it when it was delivered by courier (courier being a separate entity to the shop). I did not inspect the bed when it was delivered. Only when I opened the box did I find damage to part of the bed frame. The shop is now hinting that because I did not state 'unchecked' when I signed for receipt of the bed, or signed for it as 'unchecked' that I am not protected and that they are not liable. I have only bought the bed within the past week and would like some clarification on the significance of the signature at delivery of the bed, i.e. does the signature for receipt of the bed diminish my consumer rights in terms of my rights under the Sale of Goods Act 1979?
Many thanks
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

When was it delivered and when did you complain?
Customer: replied 3 years ago.

Delivered on Friday. Complained Friday over the phone and emailed pictures of the damage.

Expert:  Jo C. replied 3 years ago.
Thanks,

The fact that you didn't sign unchecked is a non issue.

I don't really know why they think it is. The only thing I can imagine is that they are trying to argue that they can prove that the item wasn't damage when it left their store because you didn't sign unchecked but it doesn't really make any sense at all.

If you complained immediately then realistically any attempt to suggest that the fault wasn't there is going to fail.

You can always complain to ebay.

Hope this helps.

Jo
Customer: replied 3 years ago.

That is what the shop is saying! That they can prove that the bed was not damaged when it left them. They are pointing the finger at the courier and I feel that they will try to side step the issue by suggesting that because I signed for receipt of the bed without stating 'unchecked', it will be an issue between myself and the courier. If I do not get a satisfactory answer/outcome from the shop I will complain to ebay, but I should be able to rely on the Sale of Goods Act against the shop shouldn't I? Even though I have signed for the item? I appreciate you have already said its a non issue. Many thanks

Expert:  Jo C. replied 3 years ago.
Yes it doesn't affect your rights.

It may have happened in transit but thats for them to pursue with the courier not you
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Expert:  Jo C. replied 3 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/