Issue with H&M online

summersj

Not sure if this is the right place to ask for advice so please let me know if not. I placed an order with H&M online, which i have done before and have an account with them. On check out it said along the lines of "thanks for your order your delivery address is ....." but the address had the wrong door number for some reason so i immediatly emailed them and gave the correct details. i was assured the parcel will come to my address. Anyway a week later nothing so i logged in and it said my parcel had been signed for a few days ago so i contacted them via email and was told it went to the incorrect address. I went to that address and they told me it was returned to sender on arrival (a week ago). I told H&M this and they said they havent recived it back but will wait upto 28 days and see if it arrives (they told me if it doesnt arrive back then theres nothing they can do and i lose out). i told them im not happy waiting another 3 weeks for either a refund or it to be sent out again and was told to replace the order if i want it sooner (yeah right!). I told them as it was there mistake sending to the wrong address i didnt want to wait another 3 weeks, i want something done now but she refuses to budge on it so im now either left to wait 3 weeks for the issue to be resolved or if they dont receive it back im left with nothing. what can i do? if anything. im so angry! i have an account with them and they send me catalogues every month so ive no idea why my address is suddenly wrong on my account plus i told them immediatly about the mix up and was assured all is ok so i did all i can right?

unholyangel

Do you have anything in writing proving that they told you they'd changed it to make sure it would come to your address?

summersj

Yes I have kept all emails. They even agree that I provided the correct address in time yet their staff member didn't do anything about it in time.

unholyangel

From OFTs unfair contract terms guidance:

18.2.1 A contract may be considered unbalanced if it contains a term the supplier
is better able to bear. A risk lies more appropriately with the supplier if:
• it is within their control.....

18.2.2 Particular suspicion falls on any term which makes the consumer bear a risk
that the supplier could remove or at least reduce by taking reasonable care......


An unfair term is legally unenforceable. Meaning they cant hold you liable for this. They can send replacement items or refund you.