Goods not delivered

00Brood

Hi All,

I have fallen into the WAE+ trap and i have a couple of questions:

My order was supposed to arrive today the latest as it was time critical. I logged in to see the progress of my order and saw my order is still awaiting fulfilment after 5 days even though they say they have the item in stock. Also my credit card was charged the same day as the order. This raised alarm bells and after doing some research I found that wae+ is less than honourable with fake reviews etc. so I cancelled my order. Also according to their terms and conditions they have not accepted my order. See below as taken from their website:

"1. Format of the Contract

1. These terms of sale apply to all goods supplied by WAE+ Ltd, whose registered office is at WAE+, 180 Newhall Street, Birmingham, B3 1SJ, (the "Supplier").

2.No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal contract between the parties.

3. To clarify, your order is not accepted until you receive confirmation that your order status has changed to either "Awaiting Shipment", or "Items Allocated". It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions."

So according to their terms and conditions we have no contract. I want my money back sooner rather than later. From what I can gather they are extremely slow at refunding money from all of the online reviews.

If I am not mistaken they are wrongfully holding my money as we have no contract and the order was cancelled before they accepted it.

So the question is can I force them to refund my money with in 5 working days instead of their 30 days as quoted in their terms and conditions as we have no contract?

or

Is it better to go the Section 75 route. (How long will this take?)

Any other advice to get it resolved quickly?


Thanks in advance for the help

NEVER EVER BUY FROM WAE+ :mad: :mad: :mad:

unholyangel

What did you order and how much was it? Was your card payment to them directly or via paypal/another third party?

Dont cancel and even if you dont qualify for S75, you should be able to do a chargeback after 15 days for non delivery.

gb12345

You can forget S75 as you cancelled the order so there is no liability with the cc company.

00Brood

The order is already cancelled and it was over 800 pounds paid directly to them. If I am not mistaken I can cancel my order under the distance selling regulations at any time as long as it is before the 7 day cooling off period after receving the goods. As the goods has not been dispatched or delivered I should have the right to cancel my order and the supplier should give me a full refund. If not section 75 should apply in conjunction with the distance selling regulations or chargeback as plan b.

If all else fails its the small claims court and well compensation on top.

Please advise the best way forward

wealdroam

00Brood wrote: »

The order is already cancelled and it was over 800 pounds paid directly to them. If I am not mistaken I can cancel my order under the distance selling regulations at any time as long as it is before the 7 day cooling off period after receving the goods. As the goods has not been dispatched or delivered I should have the right to cancel my order and the supplier should give me a full refund. If not section 75 should apply in conjunction with the distance selling regulations or chargeback as plan b.

If all else fails its the small claims court and well compensation on top.

Please advise the best way forward

Everything you say is correct.

DSRs allow the seller upto 30 days to refund your money.

Do you have an acknowledgement from the seller that they are going to refund your money?

I cannot imagine a credit card company doing anything until 30 days have passed without you receiving a refund.

I am interested in the bit where you say "and compensation on top".
What compensation do you thing the small claims court might award you?
Have you suffered a financial loss, or indeed any loss?

dalesrider

00Brood wrote: »

The order is already cancelled

chargeback as plan b.

If all else fails its the small claims court and well compensation on top.

Please advise the best way forward

Well you can forget the chargeback option.

No non receipt as you cancelled the order.
Only option would be non receipt of refund. For which you need a refund receipt.
Stating date processed, amount and last 4 of card number... You then have to wait 15 days from the date they state before it can be actioned.

00Brood

The question is where do i stand as according to distance selling regulations I made an offer. Under their terms and conditions they have not accepted my offer and no contract was formed but they have taken my money. So by cancelling my order I have retracted my offer and they are effectively gaining interest wrongfully on my money.

Does the distance selling regulations still apply even though no contract has been formed?

As for compensation would be court fees, Time taken off work and interest paid on money.

Hintza

Slow down.

You bought something that was due yesterday and you are already talking S75, court fees etc.

If you cancel they have 30 days to get the money back to you under DSR. Even if you claim DSR doesn't apply nobody will do anything until they have had a reasonable amount of time, which could be argued is close to 30 days.

00Brood

Thank you for the advice everyone

I am pretty much looking at my options and well getting ready. If I did some homework before ordering I would have never ordered from them in the first place after reading all of the reviews from that place and the issues people had getting their money back. Most of them had to resort to either chargeback, small claims court or section 75 to get their money back. I also believe trading standards currently have a case open against them.

The thing that gets me the most is not the hassle of getting my money back... but it is the deception in saying that they have the items in stock and guaranteed delivery for yesterday :mad: and they have not even accepted order by the time I cancelled never mind dispatching or delivering goods

ps appologies if it seems that I lost my cooI and want to go in all guns blazing