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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11121
Experience:  30 years as a practising solicitor.
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A glass lampshade was delivered to my house in my absence 10

Resolved Question:

A glass lampshade was delivered to my house in my absence 10 days ago. (was received by my son / daughter in law who were house sitting.) I returned to my house from the south of england and last night opened the packing. I found the glass lampshade broken.

Contacted the trader and reported the defect. He replied saying all claims had to be made within 48 hours of delivery - and these terms were on his site etc. therefore he would not replace the item.

Nigel Preece
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

The 48 hour term isn't enforceable as in any event the distance selling regulations provide for return of goods within 7 days.

However, this is a sale of goods issue and is covered by legislation. If the goods are not of satisfactory quality, they aren't if broken, you can reject within reasonable time and claim the cost. 10 days is a perfectly reasonable time.

Intimate that you are rejecting the goods and insist that you get your money back.

If the trader refuses you can make a claim in the small claim court. Better still if you paid by credit card you can claim the money back from your card company who are jointly liable with the trader under consumer credit legislation.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
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