CLOSED! Virgin Spa day for 2 - 75% off now £25

matto

I'm afraid there is no consumer legislation which states simply that the company must deliver or else.

The most instructive statute is to be found in the Distance Selling Regulations which states:


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.

(2) Subject to paragraphs (7) and (8), where the supplier is unable to perform the contract because the goods or services ordered are not available, within the period for performance referred to in paragraph (1) or such other period as the parties agree ("the period for performance"), he shall -

(a) inform the consumer; and

(b) reimburse any sum paid by or on behalf of the consumer under or in relation to the contract to the person by whom it was made.

(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.

You'll see from the highlighted part that in the event of non-performance after 30 days, the consumer may have certain rights/remedies available. In this case the right relates to breach of contract and the remedy would be damages for loss of bargain.

I don't imagine the company will be too worried about trading standards as the error was dealt with swiftly.

Middle_Sister

I do think its bad that after receipt of the confirmation email and the £25 being taken from my CC and then put back again that they haven't told me what they've done. If it wasn't for this board I would just be sitting back waiting for the letter to drop thru the letterbox. Very bad customer service.

krayzechick

I too have been refunded but not a single letter of notification of whats happened has reached me.

Although I did recieve 192 copies of their 'newsletter' informing me about mothers days gifts.

I'm undecided as what to do next. I need to order something pronto for mum.

dannyfoster

dannyfoster wrote:

Dear Danny

Having taken advice we are quite satisfied that we have not breached any
consumer legislation. Our mistake was a genuine one and was immediately
rectified, causing no one any loss or damage.

Nevertheless we want to minimise any inconvenience or disappointment and are
prepared to honour your purchase at the price of £25 on an ex gratia basis
and without prejudice.

As we have refunded your credit card and voided the initial transaction
could I please ask you to register your claim by writing to me directly at
the address below if you decide to accept this offer and go ahead with this
purchase.

I will need details of the credit or debit card you wish to charge the
purchase to.

glad i stuck with this now

weebag

dannyfoster wrote:

glad i stuck with this now

Yep, got exactly the same email - RESULT!!!

Wee

brownhandbag

Hello

Just got the same e-mail! Wayhay....

Strange that they are doing this as they have done nothing wrong!
Lovely job folks, power to the little people

mustbemoreorganised

Got the same email, just sent of my letter saying i would like to take up their kind offer, yipee.:j

dannyfoster

well done everyone. persistence paid off. i wonder how many companies get away with this just cos people lie down and let them

debsy42

I have sent another email back to Nat using some of the phrases quoted above (I hope no-one minds as I don't have a clue about law !!) and will wait to see what kind of a reply I get back

Maysie

i have not had an email back from the one i sent friday yet.