Where do I stand with a partial delivery?

Bob_unit01-95

I'm kinda hoping you can help me out with a bit of advice because I'm not entirely sure what to do.

My partners really, and I mean really, into the old dr who stuff. there was a company called harlequin that used to make to old models that stopped production when the old series stopped.

This means the old minitures, though not particually valuable still, are very tricky to get hold of. I managed to find a company called black tree designs that had an offer on for a complete set of the minitures, plus all the sets for about a thousand pounds - this was on December 17th 2008

There was a bit of a hicough as I wanted to pay for all the items now (as I had the money and would just spend it otherwise) and it was set up on the website to pay by installments.

It ended up that I place the order online and then they called me and took my card details over the phone to pay (one of the payment options online)

They normally ship within 2 days, with 10 week delivery allowance for the uk (they ship from usa but have warehouses in uk as well)

I received 2 boxes that contained about half the items (none of the sets) and a nice email (eventually) from the representitive to say that there would be a delay on the rest of the items due to them being split between the offices. I said this was fine, my OH was quite happy with getting the minitures in general and was quite happy to spead the joy out over several weeks and several packets.

the last packet we got was in may and still leaves a large number of individual items and all of the sets (10 averaging at between 15 and 50 pounds each) outstanding.

The last contact I had from the rep was 15th Sept 2009 basically saying he's sorry for the delay, still can't give me a date, and would I like some free minitures adding to the order.

He's a nice and friendly bloke, but where do I stand canceling the order at this point?

the items all have different values, but the items seporately cost more than when in the deal. Do I work out percentage costs? if so how does it work with the sets being so much more expensive?

I didn't get charged postage, as that was included in the sale price, but is there anything else I should be considering? I think I've been more than fair and just don't feel like waiting for another 9 months to still not have the whole set.

What do you think?

BoB

ariarnia

What does the guy at the store recommend or are they just trying to make you wait?

I don't know exactly, but I would assume you would negotiate with them for an agreed amount.

Bob_unit01-95

Well, to be honest I left a message on his phone earlier and emailed him last night as I was just a bit sick of waiting. this was after he didn't respond to my email a few days ago asking if I could expect this stuff by christmas - not that none response is very unusual, he normally takes a fair while to get back to emails and calls.

I'm just wondering, when he does get back, or when I get hold of him, whats a fair amount to agree? I don't want to be unreasonable, but I'm feeling more and more like he's taking the mick and that I need to do something.

Is there no 'official' policy on what I should do?

Bob_unit01-95

The seller still hasn't gotten back to my phone calls (one a day on the answer machine since the 18th) or my emails 1 a day after the phone calls.

I still don't know what to do - please help, I don't just want to give up on this. It's a lot of money after all.

The_Pedant

As I understand it, where items in an order can be considered linked, then there are grounds to cancel the whole order/contract in cases where the missing items cannot be supplied.

The partial set of pieces would obviously be worth less than a complete set.
If the supplier is unable to complete your order, then you should be able to seek redress, either by returning the goods received thus far for a full refund, or to agree a suitable discount to reflect the lesser value of an incomplete set.

As it stands, your order is presently incomplete and therefore the agreed contract between yourself and the seller has not yet been fulfilled, hence the scope for redress.

Bob_unit01-95

the problem seems to be that I can't get in touch with the guy to establish when the delivery is going to be completed/if the delivery is going to be completed.

I paid on my debit card but that was 9+ months ago so I don't know if my card company can help.

I've also been reading on here about the sale of goods act and googled it. there are several sections that seem to be relevent, but I don't know what they actually mean:

" (3)Where under the contract of sale the seller is bound to send the goods to the buyer, but no time for sending them is fixed, the seller is bound to send them within a reasonable time."

What's a reasonable period of time? I think 9+ months was personally.

36 Buyer not bound to return rejected goods
Unless otherwise agreed, where goods are delivered to the buyer, and he refuses to accept them, having the right to do so, he is not bound to return them to the seller, but it is sufficient if he intimates to the seller that he refuses to accept them.


I don't know what this bit means. Does this mean I don't have to pay postage to send the items here already back - I just have to make them available for them to collect?


So do I just send him an email saying that I want to cancel my order due to his failure to complete the contract, and that the stuff is here for him to collect should he so want to?

It's a largeish number of quite delicate metal figures that are also quite heavy. I don't really want to have to send them back, but I also don't know what would be a fair percentage to settle on as the individual items are more expensive not in the set than in the set, but there are a large number of the items that I doubt we would have bought should they have been for sale indivdially.

scullster

I'd take a look at the Distance Selling Regs though I'm not entirely sure where you stand 9+ months from the point of sale. According to the DSR, the contract can be assumed to be void after 30d, and you're not asking for bespoke goods.

In reality, I'm not sure how this 30d rule stacks up if the retailer has quoted 10wks delivery - I don't think the DSR is clear from what I recall. But even if I were to be generous, I would perhaps add the 30d onto the original delivery date and then assume contract was void - that would be reasonable.

Trouble is, we're talking 9mths - I'm not sure if there is a timeout, i.e. should you have claimed well before now?

Sorry I can't help anymore

Bob_unit01-95

Thanks for that, another thing to look up :beer: I'm learning!

The original offer was one packet a month, paid for every month, delivery shipped 2(ish allowing for holidays and delays max on website 5) days after payment.

I wanted to order the set at once as I had the money and couldn't guarantee I'd have the instalments - you know what it's like, if you've already paid for something then you can't nip out and spend it 'accidentally'

I paid on the 18th dec.

I was told there would be a delay in getting the items together, I joked that I'd like it as a Christmas gift for my partner, and the response was that maybe that was a bit soon, but perhaps for a new years gift (this was by phone so no record of that).

Does that count as the delivery date? or does the 2-5 days on the website count?

If not, am I limited to the year long 1 packet a month arrangement and where do I stand given they haven't been provided in those packets on a monthly basis?

I know you guys don't necessarlly 'know' the answer, but if I could get your reasoned opinions then I feel happier that I'm being reasonable and csn shove it all in a recorded delivery letter to the guy - see learning:p