Hellfire
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| posted on 3/8/07 at 10:08 AM |
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Buyers Advice
I am after some advice. I purchased an item online using paypal for my daughters birthday next week. The only reason I purchased from the company was
because they had next working day delivery as standard.
I purchased the item on Sunday 29th July and so expected delivery of the item on Tuesday 31st (obviously they wouldn’t be able to process or post the
order on a Sunday).
By Wednesday I hadn’t received the item, so rang to enquire why. They assured me by saying that the item had been posted that day and it would
definitely be with me for Thursday. The item didn’t arrive.
I rang again today and was told that the item had been posted on Wednesday but because of PC problems, they had used Royal Mail instead of their usual
next day courier and obviously there was a postal strike on Thursday. I explained that it was a gift for my daughters’ birthday and I needed it by
Saturday morning at the latest and that if it hadn’t arrived I would be requiring a full refund, to which she replied “We wouldn’t give a refund. Only
a credit note”
There is a disclaimer in the terms and conditions of the stores website with regard to accuracy of information detailed on the website.
Where do I stand from a legal viewpoint? Am I entitled to, and can I demand a refund if the goods haven’t arrived by Saturday? Personally, I suspect
not…………… 
Phil
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graememk
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| posted on 3/8/07 at 10:11 AM |
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where is this company, i'm sure one of us could collect for you.
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wyatt
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| posted on 3/8/07 at 10:11 AM |
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Post is up the wall at the moment with Royal Mail as the sorting offices’s are on a series of strikes I have been waiting for a few things all week
and we have only had post once and that was on Wednesday
Unfortunately I think you are going to have to sit tight and hope it turns up some time to day or Saturday morning
Sorry not much help I know
[Edited on 3/8/07 by wyatt]
www.bynxy.co.uk
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SyKaTurbo
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| posted on 3/8/07 at 10:14 AM |
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if you paid by paypal you can issue a complaint and if they cant prove delivery has been made you will get your money back in full.
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Hammerhead
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| posted on 3/8/07 at 10:15 AM |
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I have sold items via ebay from my shop and had a customer in the same position as you. As a gesture of goodwill I asked for the customer to send the
gift back and would issue a full refund.
They appear to have broken their own terms of sale. As they stated next day delivery, which was their choice. I'd expect a refund as they have
not fulfilled their terms. Obviously you will lose out on return postage.
From a legal standpoint I don't know. But I don't think a credit note is acceptable.
Steve.
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andyharding
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| posted on 3/8/07 at 10:24 AM |
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If you are a consumer buying from a business as long as the goods were not custom for you then you have a statuatory right to return the item for a
full refund within 7 days in accordance with the distance selling regs. A letter to them asking for a refund and quoting distance selling regs and
mentioning trading standards will have you a refund before you can say wankers.
Are you a Mac user or a retard?
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UncleFista
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| posted on 3/8/07 at 10:33 AM |
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quote:
Originally posted by andyharding
If you are a consumer buying from a business as long as the goods were not custom for you then you have a statuatory right to return the item for a
full refund within 7 days in accordance with the distance selling regs. A letter to them asking for a refund and quoting distance selling regs and
mentioning trading standards will have you a refund before you can say wankers.
That's the "official" way, but you wouldn't get a refund of the postage both ways (and some people think the DSR doesn't
apply to them).
The "unofficial" way, would be to report them to Paypal as not delivered, Paypal require a signed delivery as proof, if they sent normal
royal mail there wouldn't be one, so you'd get a full refund. You could then send the item back a couple of days later saying it had just
been delivered late.
Not exactly honest, but if they're being funny about it.....
[Edited on 3/8/07 by UncleFista]
Tony Bond / UncleFista
Love is like a snowmobile, speeding across the frozen tundra.
Which suddenly flips, pinning you underneath.
At night the ice-weasels come...
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DarrenW
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| posted on 3/8/07 at 10:50 AM |
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unfortunately you may need to give the post longer. I sent some cash on Monday from Durham to Morpeth (30 miles max) and it didnt arrive until today!!
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locoboy
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| posted on 3/8/07 at 11:56 AM |
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From what you say it seems they have chosen to deviate from their normal dispatch method, if it was sent by carrier and the carrier did not meet the
delivery deadlines then the seller would recoup costs and compensation from the carrier.
As they chose Royal Fail then on their heads be it, they will be fully aware that they are droping it into on of their many red dustbins and as such
there is no comeback so should have put an updated disclaimer on their website explaining that they may have delivery issues, or at least offer to
send it our Royal Fail Special Delivery so you can stake some sort of claim should it not be delivered within the alotted timescale
ATB
Locoboy
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Dangle_kt
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| posted on 3/8/07 at 12:07 PM |
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You paid a price which included next day delivery - which they didn't provide, they failed to stick to their end of the deal so you'd be
entitled to a full refund.(less the cost of you returning the item)
Paypal are usually pretty good, especially if the seller can't prove the item ever got to you (and via normal 1st class they can't)
Problem is - that doesn't solve the lack of a present for your little girl! Hope it wasn't too expensive so you can buy a last minute
replacement from the high street
oh - if you were the dishonest type, you could keep the item AND claim it never arrived, as long as you don't sign for it (sent via 1st class)-
so really the company should be glad they are dealing with a decent chap rather than trying to mess you around!
Distance buying is really flawed if anything goes wrong, sometimes the savings are not worth the hassel IMHO - however if the item is rare, what
choice have you got!
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BenB
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| posted on 3/8/07 at 02:24 PM |
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I'm afraid legally they've not complied with their side of the bargain.
If they offered next day delivery and you have paid them then it's a contract. Pure and simple.
"PC problems" is a BS excuse for sending something Royal Mail instead of courier. Are they really suggesting that they couldn't find
a courier without using a computer? BS.... Just say that you're very sad that their computers broke but that is no excuse for sending something
that has been paid to be sent next-day delivery by a non next-day (and notoriously unreliable) service. They have made no effort to keep up their end
of the contract and trading standards would pi$$ all over them.
Personally I'd start a Paypal dispute for "fraudulent terms" and cancel payment (if its through a credit card).
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Confused but excited.
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| posted on 3/8/07 at 02:52 PM |
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Firstly, because of the way they are behaving, I would;
a) Report to PayPal as undelivered item and fraudulent terms.
b) Notify them, when and if it finally arrives arrives, that they can collect at their expense. Or, send it back C.O.D.
Tell them about the bent treacle edges!
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