Just took delivery of a box which looks as though it has been used as a football by Hermes staff, not the driver I hasten to add as I know him well. This box contained paint the paint is no longer in its tin. What more can I say. By now I am thinking I need to get this out of the house. And just made it before total collapse. After clean of sorts. Contacted Brooklyn Trading who admitted that the paint had been packaged incorrectly and I have since learnt that the courier Hermes that paint is a prohibited item so why it was sent via them is a mystery. Even though I provided the images to Brooklyn and another one which shows that it was necessary to remove a patch of grass and after scraping what paint I could using what was left to paint a couple of Flagstones rather than wash the paint into the grass, the loss of a pair of old but perfectly serviceable jeans and trainers I have been offered as compensation a full refund and of course my order which I received today intact. So amount offered was £24.32 which according to their T&C's 12.5 that is what they consider legally obliged to offer. I think this is derisory given the damage and time spent cleaning up the mess caused by the bad packaging both inside and outside the house. Is there any action I can take or rather can I legally take given their T&C's?
Surely this is a small claims court situation? I don't fully know the answer but I do know that £24.32 is a disgracefully compensation.
The company are now saying that they have as a goodwill gesture replaced the order and offered a refund. Some goodwill gesture.
They're offering that just hoping you will take it. They should have insurance, and if they accepted liability in the form of poor packaging, and it was sent with a courier against there rules they won't have a lot of room to stand on.
Personally I wouldn't have painted the slabs or dug out the grass until I'd got a response I was happy with, this is from past experience of trying to make the best before getting stuff resolved. From looking at the pics they will argue that you have made the situation worse by painting the slabs, the first step out the door being the main issue, as it looks like you've added more paint to it than was originally there. I would tell them that you don't accept their compensation and let them know you will be seeking advice/small claims that should be sufficient to get them to reconsider the offer.
I could not have left it as it was as it is a communal garden so I had to do the best I could to make the situation better than it was. I think small claims is the way to go.
I believe for a claim you need to inform the company of the charges prior to actually submitting a claim. Hence I would proceed as below before writing something more formal. It may or may not work, but for the sake of an email it is worth a try. I would thank them for their offer, but say that you must decline due to the amount of damage caused as a result of them using a courier that was unsuitable for the items ordered (link to the courier terms). Outline the time you have spent so far trying to repair the damage along with a monetary figure representing this, as well as any additional time and materials required to complete the repairs (this may be hiring a qualified company to complete the repairs instead of doing it yourself). Total this up and request that they provide full payment for the repairs. Often if you are polite but firm the company at fault will agree to the solution you suggest, providing it is reasonable.
The company is adamant that it is only liable for refunding order cost, nothing more. If they had trebled the £24 I probably would have accepted it. But their attitude is basically tough, either accept £24.32 or lump it.
Hopefully someone who understands the actual legalities of the situation will provide some better input, but that seems very unfair if that is how it works.
In hindsight just refusing the package might have been better. I hope you get it all sorted though Glenn.
Unfortunately mate I was hoping that the paint was secured as it usually was from this company. They normally bind the cans with masses of cling film type stuff and virtually impossible to break without cutting. They admit it was packaged incorrectly. The replacement came as a tub with the lid sealed with cling film and tape but still obviously a tub of paint and delivered in perfect condition. I( have no idea why they are being so intransigent.
