M&S Internet purchase

macca1976

Hi,

Not sure I am posting on right area but here goes. I need some advice as my brother out an order through M&S for a bag for me for a christmas present on the 4th December 2008 and was told on initial email and correspondance that it should take 3-5 days for delivery. He then received the below

Thank you for your e-mail about delivery of your Zip frame tote bag.
I can confirm that your order has now entered the shipping process and your expected date of delivery is 2-5 working days from the date of shipping on the 16th. Deliveries take place between the hours of 7.30am and 6pm.
If you want to track orders yourself, please select 'my account' followed by 'track packages' then chose which order you want to check.
If we can be of any further help, please feel free to contact us on 0845 609 0200, if you are calling from overseas call us on +44 1925 672 317. Or by using the following link http://www.marks-and-spencer.com/contact-us.ow email on the 19th December

We have rang them twice now and theyhave said we cannot cancel this order as it has gone too far down the line but as far as I am concerned they have broken their initial contract with us. Can anyone tell me what our rights are can we refuse delivery?

Thanks

geordieracer

did you try tracking your order through the process they have laid out above? that would at least give you some idea of whether or not it has left the warehouse. If it has then maybe it has been lost or stolen in transit. If it hasnt then you can complain that it still hasnt left.

Im not to sure you can refuse delivery and get a refund as it had got to you. Best try the CAB for assitance

fergual2

Ok - I am pretty sure they are in breach of contract. When you get delivery phone them up and say xmas present has been delivered after xmas. You should get full refund (ask for any delivery cost too). Otherwise take back into shop for refund.

macca1976

Thanks for your help will try and speak to them just wanted some more legal definition as I beleive they are in breach of contract for the sale of the item and they have told us it wa on the van before to be then told it hasnt even left the warehouse

Joto_2

If you don't want the bag then just return it M&S offer refunds upto 90 days so just get a refund. I think you will find though there is a mistake somewhere. If it hasn't been delivered the chances are they haven't got stock and if it's showing as dispatched then it's a glitch somewhere along the line. You haven't said if you have checked your account. If is still showing not dispatched then just cancel the order.

BTW if it is showing as dispatched then Marks need to say when it was sent and start a search for a non delivered item.

derrick

You can return it when received under Distance Selling Regulations, (DSR), watch out for them trying to get you to pay P&P, as they did not fulfill the contract they are in breach and should pay them.

jbro

I suspect they are not in breach of contract due to the attached wording they put on the email acknowledging orders:

Please note that this email is only an acknowledgement of receipt of your order and your offer to purchase these items is not legally accepted until we send you an email notifying you that the items have been despatched to you.

I assume this means that you don't have a contract until that desptach email is received.

The wording was attached to an email I received after placing an order on Xmas Eve.