Pixmania problems

chinesewhispers

Not sure if this is the appropriate area, will a mod please move it to such, thanks.

Hello

Ordered a product from Pixmania on Wednesday night. Opted for the 'Express (24h) DHL delivery. Soon after found a better offer so immediately (within 20 mins) sent an email to cancel the order.

Received an email from Pixmania at midday Thursday:

Unfortunately your parcel is with DHL and we can no longer stop your order. You must therefore REFUSE DELIVERY upon arrival of the parcel if you do not want the product. Once it has returned to the warehouse, we can give you a refund.

I have not yet received dispatch confirmation.

So, if I refuse delivery do I get charged for the shipping?

Part 2. Midnight on Thursday I get an email confirming dispatch of the item and a DHL tracking number, which doesn't yet register anything.

Part 3. It's now Friday morning and DHL tracking code works, here is the top line:
June 09, 2005

14:43 Paris - France Shipment picked up

So, that's a good couple of hours after they told me it had already been dispatched.

Part 4. It's now Friday night, and I have not even had the chance to refuse delivery as the item hasn't arrived (so much for 24 hours, it is now 43.5 hours since order). I phoned them just before 5 to ask why I hadn't received it, only to be told that the delivery could be anytime within 48 hours! I was told to read the terms of the order. Now I trawled the site to find the (which do not have to be agreed to at any point during the order process, it appears it only has to be agreed to when you sign up for an account, which for me was years ago and the terms have changed since then with no notification to me).

I found this in the terms:

"Express Delivery
With Express Delivery receive your parcel in 24 hours for all orders placed before 1 PM. Once the dispatch of your order is realized the delivery time is up to 2 days maximum through DHL™ for our UK costumers living within the UK territory. Shipment is done via DHL™ Worldwide Express, the global market leader of the international air express industry. Packaging and Postage for express delivery via DHL™ to the United Kingdom is £9.00 ( VAT Incl) for Next-day delivery and for 2 day delivery."

Now, is it just me, or does the second sentence completely contradict the first, and nowhere on the site is there mentioned a 2 day delivery, only the express (24h) and the standard 2-3 days. How can they advertise a 24h delivery if it is blatantly not even close to being guaranteed 24h? There is nothing near the 24h delivery option (which is selected for you by default) that says it may take up to 48 hours.

So, now I am left with an order I tried to cancel which appears to have not been picked up when I was told it had, and a delivery that I paid for EXPRESS that wasn't express.

I ma very stuck as to what to do, I don't want to refuse delivery and return it if I will have to bear the cost of delivery, but their own joint recording systems show that the item ahdn't been collected by DHL when their rep told me it had.

Please help me someone, what do I do?

And to top it all off, I have found the item the same price elsewhere with free delivery, and also pixmania have reduced the price since I ordered!

Thanks

Peter-Pan_5

I think if you cancel it you will have to pay the delivery,but if the item is

faulty,they will pay for delivery,you will get your money back in both

cases.something about distance selling regs.

pin

Peter-Pan wrote:

I think if you cancel it you will have to pay the delivery,but if the item is

faulty,they will pay for delivery,you will get your money back in both

cases.something about distance selling regs.

If you read Pixmania's terms and conditions you will see French law applies. The Distance Selling Regulations are English law. While the Regulations are based on an EU Directive, the French will have applied it as well. However the actual French law may be different from our Distance Selling Regs.

chinesewhispers

OK, so starting with the first issue, would i be able to get a FULL refund as they hadn't had the item collected from them when they told me they had?