"Select your own" hamper not what we selected!

goodej49

We ordered a hamper on Monday 12th December for my in-laws 60th wedding anniversary which was on 15th December. The website clearly stated delivery was 1-2 days from ordering; if the hamper had arrived a day before or a day after we weren't worried. By Thursday 15th nothing had arrived and we contacted the company. On Friday 16th we were told the hamper had just been dispatched. It finally arrived on Monday 19th December, well after the event. When the hamper was opened five out of the fourteen items we had ordered had been replaced with something else. As we had carefully avoided christmas produce (it was a wedding anniversary present after all) it was distressing to hear that two of the replacements were christmas items, and other items we had chosen as they were favourites were replaced with things which my inlaws wouldn't have chosen. We exchanged four emails with the company before the hamper was delivered, and on each email the order is repeated. One of these emails was sent to us AFTER the hamper was sent out, but at no time were we informed of the changes made to our order. We don't even know if the replacement items sent had the same value - you paid for each item individually - as the site has been closed for the entire christmas period. We are writing to the company concerned, but would appreciate any advice as to our legal rights given that almost a third of the ordered goods were incorrect. Thank you.

Honeydog

Which company was it ordered from?

Optimist

goodej49 wrote: »

We ordered a hamper on Monday 12th December for my in-laws 60th wedding anniversary which was on 15th December. The website clearly stated delivery was 1-2 days from ordering; if the hamper had arrived a day before or a day after we weren't worried. By Thursday 15th nothing had arrived and we contacted the company. On Friday 16th we were told the hamper had just been dispatched. It finally arrived on Monday 19th December, well after the event. When the hamper was opened five out of the fourteen items we had ordered had been replaced with something else. As we had carefully avoided christmas produce (it was a wedding anniversary present after all) it was distressing to hear that two of the replacements were christmas items, and other items we had chosen as they were favourites were replaced with things which my inlaws wouldn't have chosen. We exchanged four emails with the company before the hamper was delivered, and on each email the order is repeated. One of these emails was sent to us AFTER the hamper was sent out, but at no time were we informed of the changes made to our order. We don't even know if the replacement items sent had the same value - you paid for each item individually - as the site has been closed for the entire christmas period. We are writing to the company concerned, but would appreciate any advice as to our legal rights given that almost a third of the ordered goods were incorrect. Thank you.

My bet is that they have a substitution clause in their terms and conditions. Something to the effect that they reserve the right to substitute items to the same or greater value if out of stock of the requested item.

texranger

Optimist wrote: »

My bet is that they have a substitution clause in their terms and conditions. Something to the effect that they reserve the right to substitute items to the same or greater value if out of stock of the requested item.

this is my guess too and the OP is one of those that dont believe in terms and conditions so does not bother reading them

goodej49

It was ordered from a company called Smartgiftsolutions, based in Kent. We searched their website for 'small print' but couldn't find anything - not to say it wasn't there though! The company also told us that we could select a date for delivery, but we couldn't find that option either - although it was available for pre-selected christmas hampers. Unfortunately, by the time we realised there were problems with the hamper the 'select your own' option was no longer unavailable until after the new year, so we can't check any of these claims or the prices of the substitute goods.

bod1467

You searched but couldn't find anything?

http://www.smartgiftsolutions.co.uk/terms.htm

6. SUBSTITUTIONS

Smart Gift Solutions reserves the right to substitute any items included in pre-made or customised hampers of similar or greater value, if for any reason those listed on the web site are unavailable

Took me 20 seconds - and that included using Google to find the website.

goodej49

We read that but it was clearly aimed at pre-made hampers. Yes, it goes on to say that rarely in the case of customised hampers - ie choose your own - substitutions might have to be made, but that they would email or telephone first. All but one of the substitutions were not even close - cranberry sauce was sent instead of caramelised onion chutney (and neither of them even like cranberry sauce), strawberry jam instead of blackcurrant, ginger jam instead of marmalade (they don't like ginger) and nut and spice biscuits were sent instead of lemon biscuits. Fortunately they don't have nut allergies, but to send items SO different from those selected without letting us know the alternatives was disgraceful.

sarahg1969

They do reserve the right to substitue. It was very easy to find:

http://www.smartgiftsolutions.co.uk/customerservices.htm

However, you'll see they say it only applies to their standard hampers, not customised ones, and that in the case of customised ones, they'll contact you by phone and only make changes in keeping with the theme.

unholyangel

bod1467 wrote: »

You searched but couldn't find anything?

http://www.smartgiftsolutions.co.uk/terms.htm



Took me 20 seconds - and that included using Google to find the website.

This is a bit of a red herring as the DSR's wont apply to clearly customised (and not simply selecting from preset options available) goods/perishable goods (like food) but if a company sends substitute goods under the DSR's, they need to have notified the consumer in the terms and conditions that this may be possible and if the consumer wishes to cancel, the retailer is responsible for the return delivery cost of substitute goods.

I think in this case, whether the goods conformed to contract or not would largely depend on exactly what was ordered by the OP and whether they told the company what the hamper was for. If they havent specified its for a wedding anniversary, then the use of christmas goods would probably be acceptable. However, if they have specified its for an anniversary (and especially if they have said they didnt want christmas products), then the goods may not conform to contract.

OP, can you give any more advice on what exactly was agreed/specified between you and the retailer?

goodej49

You could state the occasion with the label, on which we clearly wrote Happy 60th Wedding Anniversary, and then went on to write Hope the contents help you celebrate the big day in style! (or words to that effect - my inlaws are in their 80s and I don't want to distress them by asking them to find the label and read it out word for word, but it definitely said 60th wedding anniversary). Obviously I don't know at what point the label was attached to the hamper. I don't think there was anywhere where we could state not to send Christmas products. What really galls, though, is that every time we contacted the company - even after the hamper was sent out by them - they listed the order, with our original choices, rather than the amended details. We chose to send a 'pick your own' hamper simply because the inlaws do have very limited tastes and we wanted to be sure of sending what they liked, and the product that was sent out did not meet that criteria at all.

unholyangel

goodej49 wrote: »

You could state the occasion with the label, on which we clearly wrote Happy 60th Wedding Anniversary, and then went on to write Hope the contents help you celebrate the big day in style! (or words to that effect - my inlaws are in their 80s and I don't want to distress them by asking them to find the label and read it out word for word, but it definitely said 60th wedding anniversary). Obviously I don't know at what point the label was attached to the hamper. I don't think there was anywhere where we could state not to send Christmas products. What really galls, though, is that every time we contacted the company - even after the hamper was sent out by them - they listed the order, with our original choices, rather than the amended details. We chose to send a 'pick your own' hamper simply because the inlaws do have very limited tastes and we wanted to be sure of sending what they liked, and the product that was sent out did not meet that criteria at all.

Did you choose each and every individual item or was it several groups (ie instead of picking jam, biscuits and sauce....was it listed as one item containing 3 products)?

What would especially help your complaint is if there is any difference in value. Is it possible to get a price for the hamper that was actually delivered and see if there is any difference in price?

Personally I would write to them/email them stating what the problem is (that you hand picked items they would enjoy and that were not christmas themed specifically since it was their wedding anniversary) and that you dont feel the item delivered conforms to contract because they have substituted with goods which are not personal to them, christmas themed and (if you can get a price and it is less) of inferior value. State what your solution is (ie for them to send the correct goods or offer a reduction in price to account for the items not delivered) .

Its important to tell them what it will take to fix the problem as otherwise, they have no idea what your expectations are. I did this recently with an order of mine when they were in breach of contract and received 10% off which I was more than happy with