Delivered to Neighbours

mo786uk

wealdroam wrote: »

Just to add to The Pedant's excellent post...

On page 25 of the OFT's Guide to the DSRs it says...

So you can see that they are not allowed to make the refund conditional on the return of the goods.

Clearly, their statement "until we receive the item we are unable to process a refund" is not acceptable.

This is where theory/law and reality come crashing together because not many shops will refund willy nilly without getting goods back and I think most consumers accept tha. Be interestng to see it played out in a court.

unholyangel

Unless they provided their "policy" prior to your order, they wouldnt be considered as part of the contract imo. Nor would i have thought that you or them can contract in a third party (your neighbours) without prior agreement of the neighbours.

Regardless of that, no matter what their policy or T&C's say, they cannot remove your statutory rights - that being the unconditional right to cancel before you receive the goods (or they are lost in transit) and receive a full refund.

They must refund you whether they have received the goods back or not. They could then claim breach of contract but i cant reasonably see what grounds they would have. They cant claim you failed to take care of the goods whilst in your care as they were never in your care.

Zandoni

I'd phone M&S HO and speak to the highest ranking person they will allow.

IMO letters are easily ignored and take so long, often a nice polite phone call sorts it all out.

custardy

KatharineMMA wrote: »

Marks and Spencer's terms and conditions state that: "All risk in the products you order (including risk of loss and/or damage to the products) shall pass to you when they are delivered to the delivery address specified in your order." They didn't deliver the parcel to the delivery address specified in my order, therefore 'all risk' remains with them.

DHL left the parcel with my neighbours, who decided they had kept it long enough and so they gave it to the local post office (goodness knows why they did that when the royal mail didn't deliver it). Apparently the post office would have kept it for a couple of weeks and then sent it back to the return address on the parcel. Unfortunately, it hasn't arrived back with M&S yet (and there's nothing I can really do about that).

why would they keep it there?
they would have just returned it most likely
Im assuming M&S have a freepost return address?

Chimpofdoom

Zandoni wrote: »

I'd phone M&S HO and speak to the highest ranking person they will allow.

IMO letters are easily ignored and take so long, often a nice polite phone call sorts it all out.

Indeed, 020 7935 4422 is the number (according to google maps), Steve Rowe is the head of Retail and M&S direct.

Chances of getting through to Mr Rowe himself would be slim.. but if your game for a laugh :rotfl:

starsteel

Thank you all for that. It's really helpful. I think I'll have one more attempt at emailing Customer Services before I try phoning them. The nice guy I spoke to on the phone just after I got back from Thailand, stopped being quite so nice and apologetic after I pointed out that surely M&S had failed to fulfil their contract. I left it at that point, as I didn't know exactly what my neighbours had done with it.

I'd rather not play 'how many people can I wind up at head office' if I can help it! I'd enjoy listening to someone else do it though. I wonder if informing them I'm recording the conversation would get me anywhere. :rotfl: