Order date Vs Dispatch

atomicsheep

I ordered a headset from eclipse computers.

Went for the royal mail delivery which according to the site is 3-5 days

Today is day 8 and nothing has arrived

They mention on the site that the dispatch date will vary from the order date.
Is there a limit as to how long before an item should be dispatched? As the website makes no claim or promise of how long this period is?

gordikin

3-5 working days is probably a typical despatch time for them...unfortunately it can be a variable thing...cancel if it's a problem for you.

atomicsheep

am i allowed to do that without penalty?

halibut2209

Yes, under DSR you can cancel anytime between ordering and 7 days AFTER receipt and get back your cost plus P&P. Check the sticky thread for more details

wealdroam

Agreed, can be cancelled under DSRs.

But take care. their T&Cs include some 'unusual' terms about how much they will refund...

7 Day Money Back Guarantee
Under the Distance Selling Regulations you have a 7 working day cooling-off period starting from the day after receipt to cancel the order for all retail mail order transactions excluding trade/business transactions, all computers and items specifically built/assembled for you, delivery charges*, unsealed software or movies and perishable items.

*The Delivery service is contracted-out to a third party courier and is a separate contract that is deemed to have begun and been completed before the end of the cooling-off period, this excludes our standard 3-5 day delivery service.

The exclusion all computers and items specifically built/assembled for you probably cannot be enforced.

Page 22 of the OFT's guide to the DSRs tells us...

3.38 Unless you have agreed that they can, your consumers cannot cancel if the order is for:
the supply of goods made to the consumer’s own specification such as custom-made blinds or curtains. But this exception does not apply to upgrade options such as choosing alloy wheels when buying a car; or opting for add-on memory or choosing a combination of standard-off-the shelf components when ordering a PC, for example

They will tell you that 'customised pcs are exempt from DSR cancellations'.


And, although not relevant in your case, delivery being a separate contract is an amazing concept.

halibut2209

The "specifically built" exception could be enforced as the OFT guide is annoyingly non-specific. It refers to upgrades, not built-from-scratch, although I'm not sure why you bring that up here as this is about a headset which is completely covered.

But their "claims" about delivery are certainly "amazing", but completely false and unlawful. Your contract is with the seller. You paid them for delivery, and they have to give you that back under your statutory rights. If they wish to then dispute that with the courier, that's their business, not yours

wealdroam

halibut2209 wrote: »

The "specifically built" exception could be enforced as the OFT guide is annoyingly non-specific. It refers to upgrades, not built-from-scratch, although I'm not sure why you bring that up here as this is about a headset which is completely covered.

Yes, you are right.
Lost the plot for a moment... thought we were talking about a computer.
Sorry.

But the OFT guide is quite specific.
It refers to choosing a combination of standard-off-the shelf components when ordering a PC.
But of course, that guide isn't the law.

halibut2209

"standard-off-the-shelf" is by no means specific LOL!

But we are digressing. I find your discovery of the unlawful disclaimer regarding delivery much more fascinating

EDIT: And I've realised that the whole point of "standard-off-the-shelf" is MEANT to be non-specific, so I shall withdraw from that line of discussion

mo786uk

Unfortunatley you might find that if you opt for a more premium delivery service they can count it as a seperate contract for a service and once it has been sent your cancellation rights are gone.

They do specifically say this term doesnt apply to their normal delivery service.

I am sure the OFT guide sums it up.


And to add, their wording on the premium delivery is a bit shoddy. It should say something like 'if you specifically opt for a premium delivery service then you are taking out a seperate contract and agree for the service to start immediatley, thereby waiving your cancellation rights under the DSRs'

There is debate as to whether 'specifically' means something you have requested that they dont offer from the web checkout or whether its when you choose a better than standard delivery option.