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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 68299
Experience:  Qualified Solicitor
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Ellen, I have a question relating to the return policy of

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Hello Ellen, I have a question relating to the return policy of damaged items from the website
JA: Where are you? It matters because laws vary by location.
Customer: London, UK
JA: What steps have you taken so far?
Customer: have a policy which states that items should be inspected upon delivery and damage reported within 48 hours
JA: Anything else you want the lawyer to know before I connect you?
Customer: I would like to know what my rights are in these kind of situations

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

What is wrong with the goods?

Customer: replied 1 year ago.
Hello Ben, the item in question is an LCD monitor and one corner of the screen is smashed
Customer: replied 1 year ago.
I sent an email to the seller (1 week after delivery) and I received a reply saying that I should have reported the damage within 48 hours in order to receive a refund
Customer: replied 1 year ago.
what are my rights in this situation?
Customer: replied 1 year ago.
here are the T&Cs of the seller:

Are you a private consumer or a business?

Customer: replied 1 year ago.
I am a business

Ok thanks. It’s not great news in that case. Whilst consumers have 14 days to return any damaged goods, even if the contract says otherwise, as a business you are not protected in the same way. You would have to adhere to the seller’s own terms of business, which in this case specifically state that any damaged goods must be reported within 48 hours (Clause 14.2).

Whilst you could have also relied on the Sale of Goods Act to argue that the goods supplied must have been of satisfactory quality, they have specifically excluded under the contract which means they will not be applicable.

You are therefore left with the contractual rights only, which unfortunately you have not adhered to as you have not reported the damage within 48 hours of delivery.

Does this answer your query?

Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
That's a shame. Thank you for your detailed answer.

All the best