cash generators problems

hi,

please can someone kindly give me some advice. i placed an order online with cash generators on the 15-04-2011 the product i chose was at their manchester branch. it says delivery within 3-5 days, i never recieved anything, my kids were absolutely gutted as it was for them to enjoy over easter. anyways i rang them up today and asked what has happened to my order and they said they sent it out 2 weeks ago.... i asked for a tracking number but was told they did not have any as sent by normal post.
i said to her i have not recieved and she said i assure u we have sent it out and there is nothing more we can do.

my item cost £29.99
postage £3.99

there are so many rules and condition on the site that i dont understand what i should do now... but i surely thought that if i have paid for something i expect to recvieve it.

can someone please kindly help.
thanks

Comments

  • halibut2209
    halibut2209 Posts: 4,250 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    If an item ordered online does not arrive, you can cancel under DSR. Please see the sticky at the top of the forum for info and links :)
    One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.
  • trishanaik
    trishanaik Posts: 18 Forumite
    sorry still a bit confused, how can i stop payment under dsr. they have already taken the money from my account. and when i called them the lady said it was posted out and they are not liable.

    sorry but please advise...
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Which branch was this?
  • halibut2209
    halibut2209 Posts: 4,250 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    trishanaik wrote: »
    sorry still a bit confused, how can i stop payment under dsr. they have already taken the money from my account. and when i called them the lady said it was posted out and they are not liable.

    sorry but please advise...

    They are liable and are trying to fob you off. You can cancel at any point up to 7 working days after receiving goods. You can certainly cancel them before receiving them. It makes no difference that they claim to have sent them. Tell them the goods are not received and you are cancelling under DSR. They then have 30 days in which to refund you. Should the goods arrive during that time, then refuse to accept them, else you may be liable for paying the postage to return them.

    If they do not refund you, then you will need to pursue it through the small claims court. However, if you advise them that the LAW states they MUST refund you, it may not go that far.
    One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.
  • manchester branch... many thanks for replying... i was quite shocked with what the lady had to say....she was like i assure u we have posted it and thats all we can do... will definitely put in writing a complaint now and see what they say...
  • nomoneytoday
    nomoneytoday Posts: 4,871 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    They in turn should use their proof of purchase to claim against the postie :)
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Taking from the trading standards site
    Loss or damage in transit:
    If the trader arranges for goods to be delivered to a consumer, the goods remain at the trader's risk until delivery. Therefore it is the trader's responsibility to ensure that goods are not lost or damaged in transit and/or to take out appropriate insurance.
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    which branch in manchester?
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