I did not recieve all the goods

LILYLEE

Hi There,

could you please give me some advice - I ordered a memory foam mattress at £349.00 from mattressnextday.co.uk on Wednesday 28th July and they said they would deliver Friday A.M. After waiting in until midday I rang them to ask how long they would be as I was going away for the weekend, they said they would ring me back but after I rang them a few more times they finally said another hour and half! When the driver finally arrived with the matress I asked where the two pillows were and he said I dont know I am only a courier, you will have to ring the company. I supposed to have got one free pillow and another one that I paid £19.99 for. I have tried several times to call the company but no one answers or they put me straight on to an answer maching playing music. I have sent three emails but got no replies. I think this company is a rip off they have taken the money but not delivered the goods. Does anyone know what i can do next to get my pillows please..........Many Thanks Lisa

Freddie_Snowbits

DSR and send it back

Tim_Deegan

There is a thread here about the same company:
https://forums.moneysavingexpert.com/discussion/1859469

Tim_Deegan

Freddie_Snowbits wrote: »

DSR and send it back

If they just send it back then many retailers will charge for return postage.

derrick

Tim_Deegan wrote: »

If they just send it back then many retailers will charge for return postage.

That depends on their T&Cs, if it isn't mentioned before delivery, then they can't charge it.

[FONT=&quot]OFTs BUSINESS GUIDE TO DSR [/FONT]
From page 27; -
Who pays for returning the goods if the consumer cancels an order?
3.55 If you want the consumer to return the goods and to pay for that return, you must make it clear in the contract and as part of the required written information – see paragraph 3.10. If the consumer then fails to return the goods, or sends them at your expense, you can charge them the direct cost to you of the return, even if you have already refunded the consumer’s money. You are not allowed to make any further charges, such as a restocking charge or an administration charge.

3.56 If you did not include these details in the required written information then you cannot charge anything. See paragraph 3.10. You can never require consumers to pay the cost of returning substitute goods – see paragraph 3.1 for more information.

3.57 If the goods are faulty or do not comply with the contract, you will have to pay for their return whatever the circumstances.




And as the goods "do not comply with the contract", (missing pillows), then they cannot charge for return under DSR.


.

Tim_Deegan

derrick wrote: »

That depends on their T&Cs, if it isn't mentioned before delivery, then they can't charge it.

[FONT=&quot]OFTs BUSINESS GUIDE TO DSR [/FONT]
From page 27; -
Who pays for returning the goods if the consumer cancels an order?
3.55 If you want the consumer to return the goods and to pay for that return, you must make it clear in the contract and as part of the required written information – see paragraph 3.10. If the consumer then fails to return the goods, or sends them at your expense, you can charge them the direct cost to you of the return, even if you have already refunded the consumer’s money. You are not allowed to make any further charges, such as a restocking charge or an administration charge.

3.56 If you did not include these details in the required written information then you cannot charge anything. See paragraph 3.10. You can never require consumers to pay the cost of returning substitute goods – see paragraph 3.1 for more information.

3.57 If the goods are faulty or do not comply with the contract, you will have to pay for their return whatever the circumstances.




And as the goods "do not comply with the contract", (missing pillows), then they cannot charge for return under DSR.


.

And most (not all) do state it in their T&C's

LILYLEE

Thanks lots everyone for the advice, its really appreciated. I have just mamanged to contact customer services after ages on the phone (the only person that answers the phone and works for the company is named Matt) they reckon they are delivering the pillows in the morning between 8am and 1pm (so fingers crossed). I will let you know the outcome. Thanks Lisa