Non receipt of goods

Landy81

Hi everyone,

I'm after some free advice for those of you that know about consumer rights, i'll try and keep the story as brief as possible.

I ordered some items by phone from BetterBathrooms.com on the 2nd February 2013. On 5th February 2013 I had an e-mail stating that the items would be delivered in 2 working days. As no day was specified I assumed a card would be left and I could collect the items from a depot.

No card arrived. I contacted better bathrooms on the 12th February and was advised that due to the bad weather deliveries were taking longer and to wait a while longer. I contacted them a week later after hearing no more and was advised that delivery was attempted twice and cards were left (they were not as that would have suited me fine) and as such goods were being returned to them.

My options were pay for another delivery - I refuse based on the fact I received no tracking number, no definite day of delivery, no card to collect from depot.

Or cancel the order minus the delivery fee and a restocking fee.

As I have not received the goods despite attempted delivery am I still entitled to a full refund under the distance selling regulations?

Do I have to suffer the cost of the delivery despite the fact they made it impossible for a working singleton to receive it (other than taking two days holiday which is beyond ridiculous in my opinion).

Just want to know where I stand as despite numerous e-mails and a letter stating my case they refuse to give me a full refund or redeliver at no further cost.

Thanks

Alan

dalesrider

How did you pay?
If it was Debit or Credit card. Contact bank and get them to chargeback for non reciept of goods.
Nice easy one, no paperwork required and should be done over the phone.

Do NOT cancel with the company though before you talk to card provider.

Landy81

Thanks dalesrider. Company has refused to cancel the order and refund in full. Just want to be certain that despite the fact they did attempt to deliver I am entitled to a full refund and by doing the chargeback i'm not myself breaking any laws/rules?

Thanks for your input, most appreciated!!

ThumbRemote

Landy81 wrote: »

Thanks dalesrider. Company has refused to cancel the order and refund in full. Just want to be certain that despite the fact they did attempt to deliver I am entitled to a full refund and by doing the chargeback i'm not myself breaking any laws/rules?

Thanks for your input, most appreciated!!

Under the DSRs you are entitled to a full refund, including postage charges. You can cancel any time up to (usually) 7 days after delivery. Simply inform them you wish to cancel via email or letter.

Landy81

ThumbRemote wrote: »

Under the DSRs you are entitled to a full refund, including postage charges. You can cancel any time up to (usually) 7 days after delivery. Simply inform them you wish to cancel via email or letter.

I've informed them by both e-mail and letter and in both mediums they've told me no I have to pay for the delivery and a re-stocking fee.

I'll see where I get with the chargeback otherwise I guess small claims court is my next course of action?

nox118

ThumbRemote wrote: »

Under the DSRs you are entitled to a full refund, including postage charges. You can cancel any time up to (usually) 7 days after delivery. Simply inform them you wish to cancel via email or letter.

This is correct. The company has to give you a full refund, also as part of you phone call to order the goods, they should have told you of your cancellation rights under DSR.
When you exercise your right to cancel the company is not allowed to charge a restocking or any other type of administration charge.
Also they should have confirmed your cancellation rights by email or with the order.
When going for a chargeback via a credit/debit card, explain that you have cancelled your order under the DSR and they give you a right to a full refund, which the company is denying your legal rights.

The OFT leaflet oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf is one I have found invaluable both professionally and personally

bod1467

nox118 wrote: »

also as part of you phone call to order the goods, they should have told you of your cancellation rights under DSR.

They're not obliged to do this.

nox118 wrote: »

Also they should have confirmed your cancellation rights by email or with the order.

This is correct though, except that such rights should be provided BEFORE the contract is formed (which usually happens upon despatch of goods), so in an order confirmation email for example.

nox118

My reading of the DSR's and ecommerce regs say they have to give pre-contractural information in phone calls which include you cancellation rights.
If the rights are not confirmed in writng, for goods you then have an extended cancellation period of up to 3 months and 7 days.
(see my apology at end for quoting so much from the OFT leafet).


From the OFT leaflet
The Electronic Commerce Regulations (ECRs) may be relevant where
you are conducting business by electronic means – that is by selling
on the internet, by email or by text message. If you are selling in this
way you also need to be aware of the information-giving provisions in
the ECRs. See Chapter 4 for more information.
3.3
The pre-contractual information can be given by any method
appropriate to the form of distance communication you are using
to agree the contract, providing it is clear and comprehensible.
For example, this information can:
be provided on a website if you sell goods or services over the
internet (in which case the ECRs also apply – see also Chapter 4)
OR
appear in a catalogue for goods or services sold by mail order, or
OR
be given over the phone if you are selling goods or services by
phone.
In whichever way you give this information, you must make the
purpose of your communication clear. Depending on how you have
provided this information to the consumer, you may need to confirm it
in writing together with some additional information which must be
given in all cases. See paragraph 3.10 for more information.


If you provide pre-contractual information in a form that does not
allow it to be stored or reproduced by the consumer, such as during a
phone call or on a website, then you must confirm in writing, or in


another durable medium available and accessible to the consumer,
the information given at paragraph 3.1(i) to (viii).

When must I supply the durable information?
3.12
Before the conclusion of the contract or in ‘good time’. Information is
said to be received in good time if consumers have sufficient time to
act on it when they receive it, for example to enable them to exercise
their right to cancel. The applicable cancellation periods will depend
on when this information is provided. Please see paragraphs 3.22 and
3.23 for more information.

For goods:
provided you give your consumer the required written information
no later than the time the goods are delivered, their cancellation
rights end seven working days after the day on which they
received the goods
n
if you do not give your consumer the required written information
by the time the goods are delivered, but do so within three months
from the day after the day the consumer receives the goods, the
cancellation rights will end after seven working days from the day
after the day on which the consumer received the required written
information, or
n
if you do not give the required written information at all (or give it
after the thr
ee month period mentioned above), the consumer’s
cancellation rights will end after three months and seven working
days fr
om the day after the day the consumer received the goods.
For services:
n
if you give your consumer the required written information
on or
before the day the contract is concluded,
their cancellation
rights will last for seven working days, counting from the day after
the contract was concluded, or
n
If the required written information is provided
after the contract is
concluded but within three months
(beginning the day after the contract was concluded), cancellation rights will last for seven working days after the information
is received.

Sorry toquote the OFT leaflet, but being sad and working for a mail order company (Studio) I know a lot about them.

dalesrider

Landy81 wrote: »

Thanks dalesrider. Company has refused to cancel the order and refund in full. Just want to be certain that despite the fact they did attempt to deliver I am entitled to a full refund and by doing the chargeback i'm not myself breaking any laws/rules?

Thanks for your input, most appreciated!!

No issues with a chargeback there.

bod1467

@nox - apologies. I missed the part in the OP where the order was placed by phone.

ThumbRemote

Landy81 wrote: »

I've informed them by both e-mail and letter and in both mediums they've told me no I have to pay for the delivery and a re-stocking fee.

I'll see where I get with the chargeback otherwise I guess small claims court is my next course of action?

They are breaking the law in both not refunding delivery and in charging a restocking fee.

As you've said, chargeback is probably the best option.