Outdoortoysdirect - delivery promise blantantly broken, what can I do?

Cissi

(I already posted this on the Marriages & Families board, but thought I may get some responses here too, hope that's ok!)

I ordered a trampoline from www.outdoortoysdirect.co.uk for my son's birthday which is this coming Saturday. All the way through the purchasing process, Outdoortoysdirect clearly promise a "1-day delivery", "next-day delivery if ordered before 12 noon" etc. For this reason, we waited and ordered the trampoline this past Monday night, as today (Wednesday) was a good day for us to receive it (DH working from home).

They also state that "our standard service on this product is a one-man delivery service using a national carrier". However, in the email confirmation for the purchase things have suddenly changed :mad: They waffle on about how they are now using a "personal" service instead, with one of their own delivery people - which takes at least 5 days longer than using a national carrier! Apparently I will receive an email notification when they have an estimated delivery date.

They also say to email them should I decide that I need the product sooner - yeah, like maybe the promised next day delivery :rolleyes: If so, they may be able to send it slightly sooner. Needless to say, I did email them, and have yet to receive a reply.

Oh, and of course their phone lines are permanently engaged too.

What can I do? Since it doesn't look like we'll have the trampoline in time for my son's birthday, I want to start by cancelling the order. How can I do this?

Also, I'm angry and disappointed enough about this that I want to report them somewhere - surely it's illegal to make empty promises like that? They have page after page of 300+ 5-star reviews from supposedly happy customers, with the main comment being about their fantastic and fast delivery service. That alone should probably have alerted me to the possibility that there is something dodgy about the whole thing...

Thanks in advance for any help!

maninthestreet

I think the correct website is www.outdoortoysdirect.co.uk.
Clicking on the TERMS & CONDITIONS in that page takes you to another page where it states:

"Any times or dates stated on our website or confirmation emails regarding Delivery are estimates only. Kybotech Limited endeavours to deliver within 28 days, but does not accept liability for any failure to deliver within that time. Orders received on Saturdays, Sundays or public holidays and Orders received after 1pm on weekdays, will be processed the next working day. We do not normally deliver on Saturdays, Sundays or public holidays.
Whilst we agree to use all reasonable endeavours to ensure that Delivery is made around the Delivery time advertised, you will acknowledge that actual Delivery is often via third party suppliers and carriers and can therefore be beyond our control. Incorrect personal details may lead to problems or delays in Delivery, so before placing your Order, please ensure that you have included the full address details, including accurate postcode of the Delivery address and your daytime contact telephone numbers and e-mail address so we can notify you in the event of a Delivery problem"

Cissi

Thanks maninthestreet, I've corrected the address! I was obviously typing too fast earlier

Yes, that's correct, however it also says "Estimated Delivery times are shown on the individual product pages". I realise that they intend to use the "estimated" as a get-out clause, however, have a look at the product page in question: http://www.outdoortoysdirect.co.uk/Round-Trampolines/Mad-Dash-8ft-SE-Trampoline-Package-Deal

Not only is there a prominent green box at the top which says "next day delivery, buy now" but also, further down: "Delivery: next working day (if ordered before 12 noon). Our standard service on this product is a one-man delivery service using a national carrier". So why then do I get an email saying that instead of a national carrier they'll use their own driver, and this will take at least 5 days longer???

This is CLEARLY a case of misleading advertising. I have spoken to the Office for Trading Standards who agree with me and have lodged a complaint. Apparently I shouldn't have a problem getting my money back (which I'd have been entitled to in any case, under the "7-day cooling off" rule).

It's just a pity that a toy company has to resort to this kind of desperate tricks to trap potential customers! We now have a 3-year-old who won't get his trampoline in time for his birthday. Obviously we're ordering it from elsewhere now, especially after doing a search on this site and finding that someone else had to wait 2 months for Outdoortoysdirect to deliver theirs last year. I'm going to be doing my very best to spread the word about Outdoortoysdirect and their parent company, Kybotech (still no way of getting through on any of their phone lines BTW)

smcaul

Oh no, I have just seen they are part of Kybotech!!!!!! These clowns know nothing about customer service. I ordered a shed off of another of their companies a couple of years ago - took about 3 weeks to sort out 5 day delivery!!!! Pea up in a brewery spring to mind!!! It ended up being sorted out my the manufacturer of the shed even though it was not their fault, because Kybotech did not have a clue what they were doing. Sorry I could not write a more positive post!!!!

raddy59

Could you not get a refund from the CC company since they have obviously broke the terms of the sale

Cissi

Thanks raddy59! Consumer Direct advised me to send a registered letter to OTD, stating that as my order was based on next-day delivery terms I wish to cancel the order immediately, and I should copy this to the CC company. You're absolutely right, under the Consumer Credit Act of 1974 they will have to get the money back from OTD if necessary.

Incidentally, the woman I spoke to confirmed that the word "estimated" in the T&Cs is irrelevant since it's a case of Falsely Advertising Services on the product page itself

Smcaul, I'm sorry you too had problems with Kybotech, but somehow reassured that it isn't just me :rolleyes: