Missing Items - Rights?

girl_withno_name

Hi,

Could someone please provide advice and tell me what my rights are in this situation:

I have ordered two pairs of glasses from http://www.selectspecs.com which have been despatched to the wrong address. This would have been an issue with their system as the despatch address does not match that on my order confirmation and is not one which I am familiar with (i.e. it is not an old address which I've accidentally entered).

They have stated that they will provide replacement pairs, but this will take 7-8 working days to prepare and a further 5-6 working days to deliver - a total of nearly three (further) weeks until I receive the order I originally placed on 16 Dec.

A delay of nearly two months does not seem acceptable to me and I have asked instead for a refund - which they have stated they do not offer for missing items. Are they allowed to limit my options to replacement (with the obvious further delay)?

Thanks for any help!

unholyangel

Technically they should carry out the contract within 30 days if nothing to the contrary has been agreed.

From DSRs, regulation 19:
Performance

19.—(1) Unless the parties agree otherwise, the supplier shall perform the contract within a maximum of 30 days beginning with the day after the day the consumer sent his order to the supplier.

(4) The supplier shall make the reimbursement referred to in paragraph (2)(b) as soon as possible and in any event within a period of 30 days beginning with the day after the day on which the period for performance expired.

(5) A contract which has not been performed within the period for performance shall be treated as if it had not been made, save for any rights or remedies which the consumer has under it as a result of the non-performance.


They may try and tell you that as the goods are personalised, they are not covered by the DSRs. This is wrong. They are covered by the DSRs, just regulation 10 (the unconditional right to cancel) does not apply. It is listed in regulation 13 in the following way:

Exceptions to the right to cancel

13.—(1) Unless the parties have agreed otherwise, the consumer will not have the right to cancel the contract by giving notice of cancellation pursuant to regulation 10 in respect of contracts—
(c)for the supply of goods made to the consumer’s specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly;

girl_withno_name

Hi unholyangel,

Thanks for getting back to me. Would DSR 19 (1) be considered to be broken in this scenario - as the items were despatched within 30 days, but to the wrong address? (Obviously this is of no use to me and has the same outcome as the contract not being performed within 30 days).

I wouldn't have expected to be able to return / cancel given they are personalised items, but the replacement pairs have not been 'ordered' yet, so the company wouldn't lose out by being stuck with personalised specs anyway!?

unholyangel

Well IMO (for a more definitive answer might be better checking with consumer direct or trading standards), part of the contract was to deliver them to you. Ergo, they havent performed the contract within the 30 days (as above - provided nothing to the contrary has been agreed).


Just noticed this on their site T&C's....what date did you order?

13. DELIVERY DATE: SelectSpecs will take all reasonable steps to ensure that the Goods are delivered to the Buyer as soon as they are available and in any event within 30 days after acceptance of the order. However, delays may occur in SelectSpecs obtaining the Goods from the manufacturer or supplier, or in producing prescription glasses or lenses, for reasons which are outside SelectSpecs’ control. If SelectSpecs becomes aware of any matter which indicates that delivery may be delayed beyond the period of 30 days after acceptance of the order, SelectSpecs will immediately inform the Buyer within that period. In any case where SelectSpecs expects that delivery can be achieved within 45 days after acceptance of the order, SelectSpecs may extend the latest date for delivery to 45 days on notifying the Buyer, without requiring the Buyer’s agreement at that stage. In any other case, SelectSpecs may invite the Buyer to agree to a period for delivery longer than 45 days. If a longer period is agreed, SelectSpecs will send notice of confirmation of the agreement to the Buyer. If the Buyer is not willing to accept a longer period, the Buyer may cancel the contract and in those circumstances the Buyer will not be charged for the Goods and SelectSpecs will refund any payment of the Contract Price already made by the Buyer.

bod1467

OP post says December 16th. So it's now more than 30 days.

unholyangel

bod1467 wrote: »

OP post says December 16th. So it's now more than 30 days.

Thanks, for some reason i read that as when the first set of glasses was supposed to arrive!

Guess the OP isnt the only one that needs a new set of glasses! Come to think of it, I think my check up is due later this year

girl_withno_name

unholyangel wrote: »

Just noticed this on their site T&C's....what date did you order?

Thanks... yes, order date was 16 December and I assume that (as their Ts&Cs don't state specifically) I can take 30 days to mean 30 real days, as opposed to working days. Given these timescales it appears that the replacements would not arrive until after 45 days from order date.

I will contact them and see what excuses I am offered!

girl_withno_name

No response in the last 24 hours... I'd be very happy to cancel the contract, get a refund and escape this "customer service" (no telephone number to call either!)

girl_withno_name

This is their response (3 days later!):

"Thank you for your email, apologies, we are very sorry to hear that you are not satisfied with the service that you have received. We regret to advise you we are not able to refund for missing items however we are happy to replace these for you and upgrade your lenses to Super Thin 1.6 index lenses as a good will gesture.

Please confirm you are happy for us to post these here: * address*"

Now - to me, it's irrelevant whether these items are missing or otherwise, the mistake and hence delay was on their part and therefore they have not conformed to their contractual responsibilities as per their terms and conditions.

However, I'm unsure what to do next...

unholyangel

You could call Trading Standards or Consumer Direct and check their viewpoint on it.

You could essentially make time of the essence meaning they have to supply the items by a certain date. Basically makes more stable grounds for cancellation. You could also specifically ask them why they feel Regulation 19 of the DSRs do not apply to them.....will be interesting to hear their response.

arcon5

Can't you reject them for non-performance under distance selling regulations, which states a contract should be fulfilled within 30 days unless agreed otherwise.