Sent the wrong item

jimzilla

I'm going to keep this as short as is possible, I ordered a set of discs from a company online, 50x dual layer dvd's, the sent me 50x single layer dvd's, unfortunately I only noticed after the third attempt at using them, after several emails with the company in question it turns out they are not going to refund me or compensate me and their last email was very abrasive and threatening.

Thanks, Jim.

somethingcorporate

Is there a question in there somewhere? What was abrasive and threatening about their last email? what did they threaten you with?

mattyprice4004

A copy of the email to read would be good, so we can advise further.

arcon5

Have they actually been used or did you attempt to use them, it didn't work then realise?

jimzilla

arcon5 wrote: »

Have they actually been used or did you attempt to use them, it didn't work then realise?

That's pretty much what happened, I used 3 of them without looking at the product, lesson learned there obviously but I would never have assumed that a company would make a mistake like that so I shouldn't need to check their work.

The following email is from a woman I was dealing with.

Dear Jim

WITHOUT PREJUDICE

According to current legislation and trading standards we have complied in every aspect both apologising
And offering to collect the goods and refund payment in full

Current legislation also directs the all goods should be in their original state

The packaging on the product should have identified that the product was incorrect
Also why have three discs been used

Are you implying that we are not a reputable company

We have collectively within our staff over 150 years experience of the office products industry

A copy of all emails have now been forward to all departments

Regards

[Text removed by forum team]

The following is the final email I received from another member of the team.

Jim,

I have now taken over this.

As you have chosen to use the products we are under no obligation at all to collect them. We would be happy to collect the incorrect 50 discs and refund in full – we will not accept 47!

As previously explained this was a data error in the product feed from the manufacturer; we have apologised for this and we have done our best to relay the details of the situation.

I must add however that your comment regarding posting something on moneysavingexpert is a little alarming; we have now flagged this site (others are also flagged) for any reference to our site. You would be well advised to choose your intended post wording correctly as we would take any post very seriously and act accordingly.

Regards

[Text removed by forum team]

wealdroam

Abrasive and threatening, eh Jim?

Judging by the replies they have sent you, I can only imagine that your emails to them were a little bit threatening too.

I can only suggest that you use your 47 discs as best you can or sell them on... ebay?

somethingcorporate

Unfortunately by using the discs I think it could be construed that you have accepted them despite them not being what you expected.

None of those emails are remotely abrasive or threatening, it appears you have attempted to extort a refund by threatening them with posting on this website - which seems a bit hypocritical? Can we see the emails that you sent them?

I am with the company on this one, sorry.

jimzilla wrote: »

That's pretty much what happened, I used 3 of them without looking at the product, lesson learned there obviously but I would never have assumed that a company would make a mistake like that so I shouldn't need to check their work.

The following email is from a woman I was dealing with.

Dear Jim

WITHOUT PREJUDICE

According to current legislation and trading standards we have complied in every aspect both apologising
And offering to collect the goods and refund payment in full

Current legislation also directs the all goods should be in their original state

The packaging on the product should have identified that the product was incorrect
Also why have three discs been used

Are you implying that we are not a reputable company

We have collectively within our staff over 150 years experience of the office products industry

A copy of all emails have now been forward to all departments

Regards

Iliane Edson

The following is the final email I received from another member of the team.

Jim,

I have now taken over this.

As you have chosen to use the products we are under no obligation at all to collect them. We would be happy to collect the incorrect 50 discs and refund in full – we will not accept 47!

As previously explained this was a data error in the product feed from the manufacturer; we have apologised for this and we have done our best to relay the details of the situation.

I must add however that your comment regarding posting something on moneysavingexpert is a little alarming; we have now flagged this site (others are also flagged) for any reference to our site. You would be well advised to choose your intended post wording correctly as we would take any post very seriously and act accordingly.

Regards

Marvin Edson
Euro Business Services
Eagle Rd, Quarry Hill Industrial park
Ilkeston
Derbyshire
DE7 4RB
Sales line: 0115 9444760
Mobile: 07976 410 928

techspec

The company should have accepted the return as a gesture of goodwill - as it was their error.

BUT - you are supposed to check you are happy with the item before using them - unless they are faulty. These are not faulty.

Legally - they are probably right - morally, maybe not.

somethingcorporate

techspec wrote: »

The company should have accepted the return as a gesture of goodwill - as it was their error.

BUT - you are supposed to check you are happy with the item before using them - unless they are faulty. These are not faulty.

Legally - they are probably right - morally, maybe not.

I am 100% in agreement with this post.

I may be a little bold here but I would suggest that perhaps the OP has gone in guns blazing which may have got the backs up of the company and given any chance of goodwill a good kicking. That is the impression I have got from the replies from the company in question.

jimzilla

somethingcorporate wrote: »

I am 100% in agreement with this post.

I may be a little bold here but I would suggest that perhaps the OP has gone in guns blazing which may have got the backs up of the company and given any chance of goodwill a good kicking. That is the impression I have got from the replies from the company in question.

I was actually very soft with them in the begging as the following emails will show, I may have been a little abrasive myself but all I wanted was the product I ordered at the price I paid for it, I genuinely thought my consumer rights were being broken here.

Dear Jim

WITHOUT PREJUDICE

According to current legislation and trading standards we have complied in every aspect both apologising
And offering to collect the goods and refund payment in full

Current legislation also directs the all goods should be in their original state

The packaging on the product should have identified that the product was incorrect
Also why have three discs been used

Are you implying that we are not a reputable company

We have collectively within our staff over 150 years experience of the office products industry

A copy of all emails have now been forward to all departments

Regards

Iliane

From: Jim McMurtry [mailto:mrwjmcmurtry@hotmail.com]
Sent: 20 January 2012 15:07
To: Iliane Edson
Subject: RE: INVOICE

Hi Ilaine,

As it stands I have used a few of the dvd's, this was due to assuming I had the right order, there will be a cake tub with the 47 remaining disks in most of its original packaging, I await further notification from your courier.

I am very disappointed that you have not offered me an alternative at a similar price as I thought this was the least a reputable company would do.
I also intend to contact moneysavingexpert.com and visa so that this does not happen to anyone else in my position.

Regards, Jim.



Subject: RE: INVOICE
Date: Fri, 20 Jan 2012 14:57:43 +0000
From: Iliane@ebsoffice.co.uk
To: mrwjmcmurtry@hotmail.com

Hi Jim,

Thanks for your email

However we cannot supply what we do not have once stocks are depleted especially on promotional items
they are no longer available

As mentioned to you in previous emails our whole industry changes in January with new Products
Discontinued products and stocks unavailable due to manufacturing problems

The can be 100 of a certain product in the warehouse first thing in a morning and if someone wishes to buy
100 and they are there they can have them

Should someone else order the same day before the stock is picked the order could technically go through

There is also occasionally an odd picking error

Which of these occurred in your case I am not 100% sure but I do know that this product code is no longer
Available

I have arranged a collection for the goods which should be complete in its original packaging and I will
then as soon as the product is booked into the warehouse, refund your payment without question
I have apologised profusely in every email to you

I understand the courier should be contacting you on ***********

The warehouse will contact me as soon as they receive the goods back and your payment including delivery charges
Will be refunded in full as soon as I have confirmation of their report

Regards

Iliane




From: Jim McMurtry [mailto:mrwjmcmurtry@hotmail.com]
Sent: 20 January 2012 11:28
To: Iliane Edson
Subject: RE: INVOICE

Dear Ilaine,

Thank you for the insight into how your company works, it was fascinating, what you have failed to mention though is that I bought the product from you, your company is responsible for the advertising of the product, your company sent me the wrong product out, I wouldn't have ordered from you at all had I not been expecting a bargain, now I'm left with no usable discs for the foreseeable future or at least until this mess is resolved. I feel I am entitled to the original offer as promised by your website.

Regards, Jim McMurtry.

Subject: RE: INVOICE
Date: Tue, 17 Jan 2012 14:41:51 +0000
From: Iliane@ebsoffice.co.uk
To: mrwjmcmurtry@hotmail.com

Dear Jim,

I will try and explain how our industry works

The Office products industry throughout the UK and EUROPE
compiles a new Catalogue every January with up to 30,000 Products.
The Catalogue is put together from August with worldwide Manufacturers adding
new products and discontinuing others, for printing in November and distribution
in January each year

Discontinued items are sold up until the point when all stocks in warehouses nationwide
are depleted, this is as much to assist Customers as Stationers

As you can imagine given the current economic climate some manufacturers have amalgamated with
others , some being rebranded and integrated with similar products – there are also other manufacturers who have sadly been forced
into receivership (our industry is no different from every other industry in the current economic climate).
Hence some products originally incorporated into the new Catalogue for the whole industry, are no longer available
for this reason.

Having been in the industry for 38 years with staff collectively with over 150 years experience all we do
Is try to help our Customers find alternatives if we find products are unavailable for one reason or another.

I am sorry we have not been able to help on this occasion we do not ask anyone to await delivery and as with every other
Industry a card will be left by DHL or Fedex should the Customer not be in

I have requested the warehouse to collect the unwanted goods and given your telephone number for them to give you
A ring

As soon as the goods are back into Warehouse I will of course refund your payment in full

Please accept my apologises for any inconvenience caused

Regards

Iliane
From: Jim McMurtry [mailto:mrwjmcmurtry@hotmail.com]
Sent: 16 January 2012 15:23
To: Iliane Edson
Subject: RE: INVOICE

Hi Ilaine,

Are you telling me that the product does not exist at that price or that it does not exist at all?

On top of the confusion I have lost a days wages for a product that I did not order, I would like to know how your company intends to compensate me for this?

Regards, Jim.

Subject: RE: INVOICE
Date: Mon, 16 Jan 2012 15:09:30 +0000
From: Iliane@ebsoffice.co.uk
To: mrwjmcmurtry@hotmail.com

Hi Jim,

I apologise yet again there appears to be some confusion here

I did email you on Friday but obviously you did not receive it

Anyway the bottom line is that whilst the site is being updated with our new Catalogue details
(our industry brings out a new Catalogue in January every year) there must have been some corruption on the site
And codes and descriptions on this product was affected. This code is now no longer available.

All I can do is apologise and offer to collect the product from you and refund your payment.

I can arrange for the collection from a neighbour if you wish

Please let me know

Once again please accept my sincere apologises

Best Wishes

Iliane



From: Jim McMurtry [mailto:mrwjmcmurtry@hotmail.com]
Sent: 14 January 2012 09:49
To: Iliane Edson
Subject: RE: INVOICE

Can I expect the arrival of my disks today or will I need to take yet another day off work in order to wait in for them?

Regards, Jim McMurtry.

Subject: RE: INVOICE
Date: Fri, 13 Jan 2012 14:18:05 +0000
From: Iliane@ebsoffice.co.uk
To: mrwjmcmurtry@hotmail.com

Hi Jim,

Thanks for your email – please accept my apologies if there has been a picking error from the Warehouse
I am checking with them and will get back to you when I receive their reply

Regards

Iliane

From: Jim McMurtry [mailto:mrwjmcmurtry@hotmail.com]
Sent: 13 January 2012 13:44
To: Iliane Edson
Subject: RE: INVOICE

Dear Ilaine, I placed an order with yourselves on the 10th of January for Verbatim Dual Layer disks, what I received were single layer Verbatim deisks, please can you explain this and inform me of when I should receive the correct order?

Regards, Jim McMurtry.

shaun_from_Africa

Current legislation also directs the all goods should be in their original state

Not if you are returning the discs under the distance selling regulations.
Under these, the retailer has no right to withhold a refund if the goods have been opened, used, damaged or even totally destroyed.
In fact, they don't even have the right to refuse a refund if you fail to return the goods.