Distance selling - advice needed re non delivery of goods

Jaybe_b

Hi,

I ordered an item online on the 14th February, I have chased several times but I don't feel I am getting anywhere, and am still without the goods:

• Email received 21st February to say item has been dispatched, allow 3-4 working days.
• I chase this up 28th February and told there was an issue with the company who frank their parcels but has now been dispatched.
• I chase again on the 3rd March and am told the item should be with me this week some time.

It is now almost a month and I don't know how to proceed, I would like to complain or officially log a complaint with regards to this companies dealings, but who to other, than the company I am dealing with?

It is not a scam website and they are very well known for they dehumidifiers, UK based, ordered directly from the companies website. The filters I ordered cost £21 in total, inc delivery. I paid by Mastercard. I did try to order the same item back in January, after three weeks I chased and was told there was a manufacturing problem, after a while I chased again and was offered a refund. I have ordered from them once in the past with success.

I would be grateful for your advice.

halibut2209

Your choice is simple. Either wait for the goods, or cancel and get a full refund

Jaybe_b

halibut2209 wrote: »

Your choice is simple. Either wait for the goods, or cancel and get a full refund

I doubt I could cancel as they are saying the goods have been dispatched, I will however try. (they say dispatched!)

Waiting isn't really working - don't they have 30 days to get the goods to you, otherwise they are not complying with distance selling regulations?

bris

Depends, is it personal or business. If it is a personal purchase for your home then yes they should complete the contract within 30 days, this can be altered by mutual agreement.
If you want to cancel under DSR you don't need an excuse anyway, just cancel whether they are delivered or not and refuse to accept them when the come, yes you can do this dispatched or not. They must issue you a refund within 30 days, getting them to do that without getting the goods back first is another matter though.

If it's B2B i,e they are for your office, shop etc then DSR does not apply and you need to look at the sales contract for your rights.

shaun_from_Africa

I doubt I could cancel as they are saying the goods have been dispatched

For the purposes of the DSR's, this doesn't matter.
You can cancel at any time up to 7 days following delivery, and there is nothing to stop you doing this before delivery.
You can quite legally cancel the order and refuse to accept the delivery.

derrick

Jaybe_b wrote: »

I doubt I could cancel as they are saying the goods have been dispatched, I will however try. (they say dispatched!)

Waiting isn't really working - don't they have 30 days to get the goods to you, otherwise they are not complying with distance selling regulations?

You can cancel under DSR despite what they say: -


[FONT=&quot]OFTs BUSINESS GUIDE TO DSR [/FONT]

From page 20; -
What must my consumers do if they want to cancel?
3.26 They must tell you in writing, or in another durable medium, if they want to cancel. This includes letter, fax or email. A phone call is not enough unless you say in your terms and conditions that you will accept cancellations by phone.

From page 22; -
“Can a consumer cancel an order before they receive the goods or where goods are lost in transit?
3.35 Yes. Where the DSRs give consumers rights to cancel, this right is unconditional. If consumers cancel before they have received the goods you must refund the total price of the goods, including any delivery charges. Consumers who have cancelled under the DSRs may refuse to accept delivery of the goods. Refusal in such a situation cannot be treated as a breach of contract.

3.36 Where goods are lost in transit from you to the consumer you will need to either send new goods or offer the consumer a full refund, including delivery charges. See paragraph 3.20 for more information.


.

derrick

shaun_from_Africa wrote: »

For the purposes of the DSR's, this doesn't matter.
You can cancel at any time up to 7 WORKING days following delivery, and there is nothing to stop you doing this before delivery.
You can quite legally cancel the order and refuse to accept the delivery.

Just corrected that for you:D

.

Jaybe_b

Great thanks for this - typical, OFT site is down for maintenance!