Can I demand a refund? Please help!

emmacg

Dh and I ordered some garden furniture some weeks ago now for delivery this week. We are having a large party and I asked when I ordered if the furniture would arrive on time to which I was told yes. I also asked if we could cancel the order if it didn't and I was told yes.

Today I called to find out when it was coming (it was about my 10th call this week!) to be told it was not coming for at least another 2 weeks.

I said I wished to cancel my order but was told it was not possible - they would not give a refund and I would have to take delivery of the furniture and then return it - at my own cost I might add!

i have checked the companies T&C's and it states "If the Products are not delivered within the estimated delivery time which we quote, please contact us by telephone or email and we will try and ensure that you receive your Order, as quickly as possible, or if you wish you may cancel your Order and we will refund the money you have paid."

Can they refuse to refund me? Do I have a leg to stand on? I need to call tomorrow and quote chapter and verse at them - I AM willing to go to court if necessary as they have !!!!ed me right off!

TIA xxx

Esqui

Sounds like the T&Cs say you can....if needs be, you could always get the call transferred to a team leader

emmacg

Seems there is only 1 woman working there! I have asked to speak with a manager before and was told there wasn't one!

emmacg

The woman said it was a "special" order and there fore could not be refunded. This is not mentioned on the web page and has not been confirmed in writing to us.

How do I MAKE them give me a refund if they continue to refuse?

scullster

Was it bought mail order or over the phone or over the internet? If so, Distance Selling Regs apply.

Goods made to order fails to cut the mustard with me - the DSR refers to the following "personalised goods or goods made to a consumer's specification" as being exempt. I think you're well within your right to pursue.

emmacg

How does this sound? Any advice please?

Dear Sirs,
I am writing with regards to our outstanding order for the 6 seater rattan cube garden furniture set and my numerious phone calls to your office.
First of all I would like to lodge an official compaint about the appauling service your company has provided us with over the last month.
On initially placing our telephone order we were told delivery would take place week commencing Monday 25th May and that we would receive a phone call on Friday 22nd May to arrange this delivery. By lunch time on Friday 22nd May we had not received a phone call and as such I called to enquire about delivery. I called approximatly 10 more times between Friday 22nd May and Tuesday 26th May and was constantly assured that the delivery would still be with us by Friday 29th May. When I called on Wednesday 27th May I was informed that the order was delayed and would now not arrive until week commencing 8th June.
This 2 week delay is totally unacceptable to us as I had stated at order and at EVERY subsequent phone call that we have a function on Saturday 30th May for which we required the furniture. I also made a point of checking this date would be ok when we ordered AND checking your terms and conditions. I also made sure if this delivery date was not achieved we could cancel and recieve a full refund. I was told at order that this was acceptable.
As it has now been confirmed that the delivery will not only not take place this week but also not for another two weeks I would like to you accept this as my formal written intention that I want to cancel this order.
In line with your own terms and conditions, the laws regarding sale of goods act, contract law and the distance selling regulations I am entitled to a full refund of the £999.99 you have already taken from my card.
Please acknowledge receipt of this e-mail and confirmation that our refund is being processed. Should you not take these steps by lunch time on Thursday 4th June which is within the 5 working days written into your terms and conditions I will have no other choice than to contact my local trading standards office and also commence legal proceedings to recover our money.

artbaron

I would suggest to simplify it and state that by distance selling law, you are entitled to a full refund. You will give them 30 (14?) days to comply before you take further action. You will also refuse delivery should they decide to ignore you.

I'm not sure the rest is useful. They certainly sound incompetent but incompetence alone does not help you with a refund.

yorksrabbit

The company's resort to blathering about a "special order" looks like a well-rehearsed cover for an operation which is not much more than a drop-shipper, i.e., it takes your money, then places the order, and pockets a profit without ever having had to finance any stock holding itself.

You'll never prove that though, so as artbaron says, best thing is to keep it short and simple and quote back the T&Cs which are the essence of contract, viz: failure to deliver within the estimated time means the customer has the right to cancel the contract and receive a full refund.

One thing: do NOT rely on email communications or phone conversations.

You need to send a letter to a named person at a physical address relating to the Company and to mail it by Special Delivery -- it'll cost around a fiver, but that's cheap for peace of mind.

derrick

Have a look at THIS OFT booklet, you can cancel now, before delivery under DSR and incur no costs

From page 22; -
Can a consumer cancel an order before they receive the goods or where goods are lost in transit?
3.35 Yes. Where the DSRs give consumers rights to cancel, this right is
unconditional. If consumers cancel before they have received the
goods you must refund the total price of the goods, including any
delivery charges. Consumers who have cancelled under the DSRs
may refuse to accept delivery of the goods. Refusal in such a
situation cannot be treated as a breach of contract.

4743hudsonj

take out the other laws apart from DSR

the rest sounds good

just state that under dsr you have the legal right to cancel and order at no cost to yourself (ie no restocking fee no delivery charge etc)


i should think its in their best intrest to cancel seeing as they wont have to pay delivery then

whereas if they post it, they will incur this extra cost

btw, if they deliver it still saying tough reject the goods at the door and refuse to take them so at no point will you hold responsibility of the safety of the goods

KILL_BILL

get a chargeback off your bredit card or debit card company saying goods not delieverd as per the terms of THEIR contract