We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Item not delivered

hellojohn8doe7
hellojohn8doe7 Posts: 48 Forumite
10 Posts First Anniversary
edited 24 January 2020 at 10:49PM in Consumer rights
I ordered an item online (this company also has a physical store in my city).
The website said lead time is 21 days.
I called on day 8 to see if they can deliver any sooner, and they mentioned the lead time is 21 days and it cannot be delivered sooner
I called on day 10 to check, and they mentioned the item will be delivered to local store and this local store will arrange delivery to me.
I called on day 14 to check, and they mentioned the item is out of stock and it will be couple of week before the item is delivered to store and then delivery arranged for me.

As you can see, I have contacted a few times because I need the item as quick as possible.

Before placing the order, my mindset was: I am happy to wait maximum of 3 weeks. However any longer wait will take away any extra advantage that this item have from this company as my need for the item will then outweigh the 'goodness' of this company item. It will be much better for me to order elsewhere. But as the company website and their customer care have confirmed 3 weeks lead time, I am OK to order from here. Any other good item is available with a 2 week lead time.

1 - What will be my consumer rights if the company does not honor and deliver the item within 3 weeks period?
2 - As I would have lost significant time waiting on the item and chasing its delivery, what are my consumer rights?
3 - Due to the misleading information or "leading on" behavior from this company, I will most likely not get the item in my maximum wait period of 3 weeks. What are my consumer rights for this?
«1

Comments

  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You have the right to cancel your order and get your money back.
  • You have the right to cancel your order and get your money back.
    Thanks!
    The company took my money and did not honor the contract of delivering the item within the stated period of 3 weeks, but they will not be accountable for it and will simply return my money back without any compensation...
    They will not be accountable for any consequential loss I suffer due to not having the item as per the contract?
    They will not be accountable for keeping my money for an extended period?
    They will not be accountable for leading me on and providing me with wrong information?
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    They will not be accountable for any consequential loss I suffer due to not having the item as per the contract?
    Correct.
    They will not be accountable for keeping my money for an extended period?
    Correct.
    They will not be accountable for leading me on and providing me with wrong information?
    Correct.
  • born_again
    born_again Posts: 21,400 Forumite
    10,000 Posts Sixth Anniversary Name Dropper
    Ring card provider/bank. Start a non receipt chargeback.

    Technically if they do not deliver within 15 days of debit date you have a right to a chargeback. But if they give a delivery date, most people tend wait till that date has passed.
    Life in the slow lane
  • "As you can see, I have contacted a few times because I need the item as quick as possible."


    You are/were happy to wait three weeks for the item.


    How long after that period have the company said that it will be available?
    Things that are differerent: draw & drawer, brought & bought, loose & lose, dose & does, payed & paid


  • Thanks for clearing my views on Consumer Law and Sale of Goods Act.

    Just for (hopefully) final clarification:
    The T&C say (emphasis mine):
    Acceptance of your order and the completion of the contract between you and us will take place on dispatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it (please refer to Returns and refunds).

    We take payment from your card at the time we receive your order, once we have checked your card details and stock availability. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.
    In this case:
    - They did not proactively email me or call me to inform me of potential delay and lack of stock situation, but gave me this information on my 2nd call after I asked for it. This again I believe is correct, due to Consumer Law?
    - They have already taken payment from my card on the date order was placed and email was received, so is it reasonable to assume that they had the product when they took my money? However they are now not delivering on time or will even cancel the order after wasting my precious two weeks just because they can...
  • How long after that period have the company said that it will be available?
    They say the item is out of stock and it will be probably couple of weeks from now before item is sent to local store who will then arrange delivery to me. So an extra 1 week wait over the stated delivery period.
    Start a non receipt chargeback
    - Is this just a refund of my original amount? Is there any law/guidance that this company should pay me some 'enhanced' amount for non-delivery within the stated time period and leading me on....? From previous posts it would seem NO.
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    What is the consequential loss you will suffer?
  • Let's cut to the chase. How much are you after?

    (Not that you're entitled to anything beyond a full refund.)
  • .
    - Is this just a refund of my original amount? Is there any law/guidance that this company should pay me some 'enhanced' amount for non-delivery within the stated time period and leading me on....? From previous posts it would seem NO.
    That's correct. There is no law or guidance for an enhancement.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.1K Banking & Borrowing
  • 253.5K Reduce Debt & Boost Income
  • 454.2K Spending & Discounts
  • 245.1K Work, Benefits & Business
  • 600.7K Mortgages, Homes & Bills
  • 177.4K Life & Family
  • 258.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.