vistaprint delivery issue and refusal to refund

n_griffiths

Hi there, I was hoping that someone out there might be able to confirm my rights with regards to a recent purchase. I ordered 5 x personalized (ie photos of my son) calendars. I paid 10 pound for postage with the statement that it would be received by the 23/12. The item never arrived.

I contacted Vista print on the 4/1 to let them know it had not arrived

They replied on 5/1 apologizing, stating they hadn't sent recorded so couldn't track and asking if I wanted a replacement.

I replied on 5/1 saying I did, but was not willing to pay full price for replacement given that the item was late, by the time item arrives and is distributed I've basically lost Jan and due to their carelessness (not to send recorded despite 10 pound cost) who knows who has pictures of my son.

On sun 8/1 they sent me a message saying they'd sent a replacement
On 9/1 I sent an email saying I didn't want the replacement at this price, as id previously stated
I received a reply saying tough, had already been sent and they wouldn't offer any refund or reduction

I do not want this anymore. I'm livid with the customer service when I've lost 1/12 of the usefulness of the calendars through no fault of my own

Is there anything I can do?

Should I refuse delivery when the items arrive?

Thanks in advance for your help.

xxJudexx

If I were you I would definitely refuse delivery! I know DSRs don't apply to personalised goods but if you specifically told them you didn't want to pay for replacements (not sure why you should have to if you haven't received your order) then they shouldn't have produced and sent replacements. Have they charged your account for the replacements already?

visidigi

xxJudexx wrote: »

If I were you I would definitely refuse delivery! I know DSRs don't apply to personalised goods but if you specifically told them you didn't want to pay for replacements (not sure why you should have to if you haven't received your order) then they shouldn't have produced and sent replacements. Have they charged your account for the replacements already?

I think you've got confused, and the OP isn't overly clear so I understand why.

The OP paid for the calendars to be delivered on the 23/12.

They weren't and they were offered a replacement, but the OP wanted a reduction on the original order price paid based on the fact the item didn't arrive when indicated - they did not, as I understand it charge the OP a second time for the replacements

OP I can understand where you are coming from, but you are slightly exaggerating the situation - you've lost 10 days - so you haven't lost 1/12th, you've lost 1/36th as it stands.

Now that is not to say that you arent entitled to a partial refund - but at the same time stick to detailled facts and you are likely to do better.

Unfortunately you are already dealing with a company which has a reputation on service which is not that positive...

mattyprice4004

Having dealt with VP for many years, I doubt you'll get anything. They've not been... overly useful when I've had issues in the past.

n_griffiths

So I can end up with no product and no refund, and no comeback?

n_griffiths

Also, apologies vigidigi, I appreciate my maths weren't ideal - but my principle was they'd quoted me a delivery time on the original order of 10 days, given that I then had to ship this to my friends and family (who I'd have seen over Christmas but not afterwards), it was likely to have eeked in to Feb (or at least close to).

Also, yes, I was not charged twice, but I was (and am) unhappy and unwilling to pay for a product which did not receive when promised and has a decreased value as a result.

visidigi

n_griffiths wrote: »

So I can end up with no product and no refund, and no comeback?

Does this mean you refused the product that eventually turned up?

n_griffiths wrote: »

Also, apologies vigidigi, I appreciate my maths weren't ideal - but my principle was they'd quoted me a delivery time on the original order of 10 days, given that I then had to ship this to my friends and family (who I'd have seen over Christmas but not afterwards), it was likely to have eeked in to Feb (or at least close to).

Also, yes, I was not charged twice, but I was (and am) unhappy and unwilling to pay for a product which did not receive when promised and has a decreased value as a result.

I think, if you have the item, despite its late arrival you might have to chalk this up as a never use again company. The issue here is you cannot return under DSR's due to the fact the goods are customized - so therefore they know you aren't going to get far and could eventually blank you and there isn't a great deal you could do about it (of course court is an option!).

If you have the items, keep them and chalk it up - but beware, they will forever more spam the bells out of you....which will irritate you each time it falls on the mat or mailbox.

arcon5

Also read their terms about delivery, it's most likely the delivery date is an estimate.

arcon5

visidigi wrote: »

Does this mean you refused the product that eventually turned up?



I think, if you have the item, despite its late arrival you might have to chalk this up as a never use again company. The issue here is you cannot return under DSR's due to the fact the goods are customized - so therefore they know you aren't going to get far and could eventually blank you and there isn't a great deal you could do about it (of course court is an option!).

If you have the items, keep them and chalk it up - but beware, they will forever more spam the bells out of you....which will irritate you each time it falls on the mat or mailbox.

To be fair, this could have happened irrespective of who she purchased the items from.

unholyangel

xxJudexx wrote: »

I know DSRs don't apply to personalised goods

visidigi wrote: »

The issue here is you cannot return under DSR's due to the fact the goods are customized

Wrong and wrong. DSRs do apply to customised goods. What doesnt apply is regulation 10 - the right to cancel. This does not mean that you cannot cancel at all, just that you dont have the unconditional right to do so.


Unless otherwise agreed, the contract should be performed within a maximum of 30 days. If it is not, the consumer can indeed cancel.

However, there may be slight variations in the rights as apparently vistaprint.co.uk is governed by the laws of the Netherlands and not the UK.