Where Do I Stand?

Twisted_Cherry

Need some help on where I stand?

I placed an order online for a Perfume Gift Set in the sale at Debenhams Marc Jacobs 'Dot' for £26.50 reduced from £53.00. The item in question sold out quite quickly online... in fact there was a thread on MSE about it.

https://forums.moneysavingexpert.com/discussion/4862030

I had my confirmation order which accepts my order and it was despatched to the store I had requested to pick it up at.

However it seems the item has been lost in transit (I think they use Yodel!).

Debenhams have now refunded me the £26.50, but I am far from happy at this. The total costs of the items individually in the gift set are £75?

It is not my fault that the parcel has been lost. Do I have any rights?

marliepanda

If it's lost and they are out of stock, what do you expect Debenhams to do?

Yes it's crap, but what can Debenhams do except refund you?

Twisted_Cherry

marliepanda wrote: »

If it's lost and they are out of stock, what do you expect Debenhams to do?

Yes it's crap, but what can Debenhams do except refund you?

T&C from Debenhams Website

2.5 Unless we have notified you that we do not accept your order or you have cancelled it, order acceptance and the creation of the contract between you and us will take place at the point the products you have ordered are despatched from our warehouse to be delivered to the address you have given us. It does not take place until that stage, even though we may have debited your card (see 2.3 above) or we have sent acknowledging emails (see 2.4 above). Very occasionally an error may occur resulting in the products described on our website not being the products actually available for sale. If this occurs your order will not be or have been accepted. We may ask you whether you wish to purchase other products we may have available or the products which may have been despatched to you in error. If so your order will be amended. Otherwise, we will treat any order as cancelled and any incorrect products despatched will be collected for full refund.

2.6 The contract will be formed at the place of despatch of the products.

4.6 We shall have no liability to you in respect of any delay or failure to deliver a product due to circumstances beyond our reasonable control, including (without limitation) delay or failure caused by adverse weather, strikes or transport problems.

You cannot call being mislaid / lost down to transport problems. I would say transport problems would be a broken down vehicle, fire to a vehicle or it being stolen etc.

However, under the Distance Selling Regulations I feel I have some rights: (Quoted from the Citizens Advice Bureau Website)

If the goods you ordered are lost during delivery, the trader is responsible for them. Contact the trader to tell them that you haven't received the goods on the date you were expecting or within a reasonable time after you ordered them. The trader may need some time to try and trace what's happened to the order. If the trader can't find the goods, you can ask for your money back or a replacement.

You won't have a right to a refund or replacement if the goods are lost because of delays caused by you, for example because you're not home when the goods are delivered or you keep cancelling delivery dates.

(The above does not apply since it was Click & Collect from a store)

I would expect as a good will gesture for them to supply the goods, or part of the goods for the price I paid - they are still available to buy individually on their website, well one item is identical but is priced individually at £50 the EDP. The other two items are bigger at 150ml from 75ml.

Emailed CS, so we shall see what the response is back...

agrinnall

You could try to claim from them for loss of bargain, but is it really worth the bother?

SuperHan

From the quote you have posted above, debenhams have done their bit, they've offered a refund. You are not entitled to one of your choice, you're entitled to one of the two options, whichever they choose.

If there is no stock, they can't replace.
As you've said, they don't strictly stock the items separately, they have different volumes... I expect at best you'll get a voucher for your next purchase.