Consumer Rights: MoneySavingExpert.com discussion

Alie_Bongos_Mum

chimp14uk wrote: »

I've just received a letter from Marshall Ward (or Littlewoods Shop Direct Group) and they've said they are not going to provide the mattress because of the following :-

The thing we're looking at is.................

Clause 2.2 in the T&Cs says..................

"When you submit an order to us on our website you will receive a 'bounce back' confirmatory email of this order saying that we are processing your order. You will then receive a second email from us acknowledging your order and giving you estimated timescales for delivery. You should check both emails for accuracy and let us know immediately if there are any errors. Neither of these emails constitute acceptance of the order by us.
Your order will be accepted by us (and a contract will then be formed between us) when we despatch the goods to you. Title to the goods will pass to you on delivery."

Now our argument is going to be that this clause in the terms and conditions is unfair (consumer direct have already forwarded it to the relevant trading standards office), and that the contract was formed when the money was debited from my account. Hence, the mattress should be provided for the price originally stated.

I don't think anyone would expect to walk into a normal retail shop like Currys, buy a TV plus delivery with cash, just to be told that the price stated was wrong and that their order was going to be cancelled because they hadn't delivered it yet. What are Currys going to do? Call at your house with the cash for the refund?

We all know that the Littlewoods group are a bunch of gets, but if another conversation with Consumer Direct seems to point in my favour, I'll take them to SCC.

Sorry if I haven't explained myself in 'proper' English, bit I'm just a lowly consumer.

Chimp - I'm with you mate - exactly the same thing but my e-mail to cancel quoted clause 3.2 - "Whilst it is our intention to keep our website up to date and error free, product descriptions or pricing errors may occur. If we discover such an error after you have submitted an order to us, we will contact you PRIOR to accepting your order with the correct details. You may then either cancel your order or re-confirm it based on the correct information. If we are unable to contact you we will treat your order as cancelled"

ordered 23.05.08
Order status - Order accepted
Cash removed from bank 24.05.08
ETA delivery 13.06.08
Email no 1 to cancel quoting clause 3.2 06.06.08
Called them, went round the houses saying that they couldn't possibly cancel using this clause and was told that someone senior would ring back ASAP
Email no 2 10.06.08 - "We have made a mistake" !!! Money to be reimbursed within 10 days

I am cross - took my money and didn't deliver

Maybe we should visit SCC en masse??!!

little_miss_messiah

Hi - wondered if anyone could advise on whether I'm flogging a dead horse with this one:

I ordered 2CDs back in May from CD Wow. I left it a week and they didn;t arrive so I emailed them to advise as such, they said to recontact if not recieved within 10 working days. I then went on holiday and was ill on my return so emailed them when better.

They have sent them to my old address! Now I'm thinking I haven;t used CD Wow since moving house and it's my own stoopid fault, but my billing address has changed so I must have done that, am thinking the mechanism to change delivery adrress may be obscure...

Anyhoo, have been round to the old address and they swear they haven;t rec'd the CDs. I have no grounds to doubt them, but they would have been packaged seperately and it would be highly unlikely for both to be lost in the post...

I've emailed CD Wow again with tthe fact that I have visited the old address and the goods have not been recieved. Their answer was simply on return of the items I can have a refund. I again emailed them to say the CDs wouldnt be returned as they had never been receieved and their reply was I was free to re-order them - carefully checking my delivery address!!!

Now I appreciate it may be my own fault for not checking the delivery address on my order (altho I had changed my billing address successfully) but do I have a leg to stand on in pursuing a refund? I did use a credit card for payment but it's only about £17

Any help appreciated - one of the CDs is for my wedding music and I'll need to get it elsewhere if they aren;t going to play ball

Art_2

little_miss_messiah wrote: »

Hi - wondered if anyone could advise on whether I'm flogging a dead horse with this one:

I ordered 2CDs back in May from CD Wow. I left it a week and they didn;t arrive so I emailed them to advise as such, they said to recontact if not recieved within 10 working days. I then went on holiday and was ill on my return so emailed them when better.

They have sent them to my old address! Now I'm thinking I haven;t used CD Wow since moving house and it's my own stoopid fault, but my billing address has changed so I must have done that, am thinking the mechanism to change delivery adrress may be obscure...

Anyhoo, have been round to the old address and they swear they haven;t rec'd the CDs. I have no grounds to doubt them, but they would have been packaged seperately and it would be highly unlikely for both to be lost in the post...

I've emailed CD Wow again with tthe fact that I have visited the old address and the goods have not been recieved. Their answer was simply on return of the items I can have a refund. I again emailed them to say the CDs wouldnt be returned as they had never been receieved and their reply was I was free to re-order them - carefully checking my delivery address!!!

Now I appreciate it may be my own fault for not checking the delivery address on my order (altho I had changed my billing address successfully) but do I have a leg to stand on in pursuing a refund? I did use a credit card for payment but it's only about £17

Any help appreciated - one of the CDs is for my wedding music and I'll need to get it elsewhere if they aren;t going to play ball

On the CDWow website the shipping address is clearly shown. Have you checked to see what address the site shows for you? It sounds as if you have updated your billing details but not the shipment ones.

Contact them again and make it clear the goods have not been delivered to the old address and ask them to investigate.

Unfortunately the fact you paid by credit card doesn't help in this case as the order was under £100.

Regards,
Art.

little_miss_messiah

Got this this morning:

Hi Sandra

Thanks for your e-mail message.

Please understand that errors of this nature are not the fault of CD-Wow and no liability or responsibility is taken for them. However, we do have a generous and compassionate returns process whereby when the item is safely returned to our warehouse, we will happily refund your money and notify you accordingly.

We provide a return address on our packaging for undelivered items which is very effective. Items are received into our Warehouse daily and are processed or resent same day.


Looks like it's my own stoopid fault - failing to see the generous and compassionate nature of the returns process however...

Just going to re-order and triple check the shipping address this time

Art_2

little_miss_messiah wrote: »

Got this this morning:

Hi Sandra

Thanks for your e-mail message.

Please understand that errors of this nature are not the fault of CD-Wow and no liability or responsibility is taken for them. However, we do have a generous and compassionate returns process whereby when the item is safely returned to our warehouse, we will happily refund your money and notify you accordingly.

We provide a return address on our packaging for undelivered items which is very effective. Items are received into our Warehouse daily and are processed or resent same day.


Looks like it's my own stoopid fault - failing to see the generous and compassionate nature of the returns process however...

Just going to re-order and triple check the shipping address this time

Legally they are of course right but they may have been a little helpful in allowing you a discount on the replacements. Check your profile at CDWow as there are 2 address areas. One is account and the other delivery.

Regards,
Art.

Krasnoludek

Hi

I bought some shoes from TK Maxx on holiday in Wales in May this year for about £10.00, I have worn them about 10 times and they have fallen apart at the back so I cant wear them anymore. There is a local TX Maxx where I live but I didnt keep the receipt, its the type of shoe they usually sell. Is it worth trying to take them back ? I guess I wouldnt get a refund but if they could exchange them or give me a credit note so I could get some others that arent falling apart

Am I flogging a dead horse !

k xxx

Art_2

Krasnoludek wrote: »

Hi

I bought some shoes from TK Maxx on holiday in Wales in May this year for about £10.00, I have worn them about 10 times and they have fallen apart at the back so I cant wear them anymore. There is a local TX Maxx where I live but I didnt keep the receipt, its the type of shoe they usually sell. Is it worth trying to take them back ? I guess I wouldnt get a refund but if they could exchange them or give me a credit note so I could get some others that arent falling apart

Am I flogging a dead horse !

k xxx

It's worth a try to visit their local store. The lack of a receipt could be a problem unless the shoes are exclusive to them.

The other thing you could do is contact their head office customer service and ask if they can help.

Regards,
Art.

Krasnoludek

Hi

I rang the local store to be told "We wont do anything without a receipt"

in a not very nice tone :eek:

I am going to write a letter to the head office and send them the shoes as proof of purchase, they are of no use to me anyway as they have a massive hole in the back

K xx

little_miss_messiah

Seems to be a lot of dead horses round these parts

deanos

Krasnoludek wrote: »

Hi

I rang the local store to be told "We wont do anything without a receipt"

in a not very nice tone :eek:

I am going to write a letter to the head office and send them the shoes as proof of purchase, they are of no use to me anyway as they have a massive hole in the back

K xx

Sending them a pair of shoes isnt proof or purchase, you will need something like a bank or credit card statement if you paid with a card.