Wrong item delivered twice

Ju23gist

Hello, just looking for some advice! I purchased a blue ring via the John Lewis website, and they delivered a red ring, so the wrong colour has been delivered. After complaining, they offered to redeliver the correct one. Turns out, they delivered the wrong colour again, for the second time. In addition, they booked a slot to come and collect the wrong ring, I left work earlier than usual to be home at the booked time and they did not show up. After complaining again, John Lewis called to say they have a problem with their website and neither colours are available anymore. They offered a refund or the option to keep the colour I didn’t purchase. I sent them a formal letter of complaint with the help of Citizens Advice and mentioned the consumer rights act 2015, and asked for a gesture of goodwill, for not delivering the product I purchased and the several inconveniences caused. They have ignored this and did not offer anything in return to make up for their mistakes. Instead, they sent an email saying that if I don’t return the additional item they will charge me for it. Apart from the breach of contract under the Consumer Rights Act, this seems very disrespectful. Is there anything I can do? Thank you!

eskbanker

You can obviously ask for whatever you like if you feel you've been inconvenienced, but if their response is simply to comply with their obligations under CRA, while choosing not to offer any goodwill gesture over and above that, then there won't be any option to take matters further, i.e. courts or card companies will only help you enforce your legal rights.

Ju23gist

Thank you for the reply.  I'm assuming a lot of people as for it. So in terms of consumer law, there is nothing else I can do? Or to pressure them to hear my case, maybe cc the Head of Consumer Services? On another note, even though the ring is out of stock and they know about it, any consumer can still purchase the item online in any of the colours. Is there a website where I can report this?

Alderbank

Ju23gist said:

Hello, just looking for some advice! I purchased a blue ring via the John Lewis website, and they delivered a red ring, so the wrong colour has been delivered. After complaining, they offered to redeliver the correct one. Turns out, they delivered the wrong colour again, for the second time. In addition, they booked a slot to come and collect the wrong ring, I left work earlier than usual to be home at the booked time and they did not show up. After complaining again, John Lewis called to say they have a problem with their website and neither colours are available anymore. They offered a refund or the option to keep the colour I didn’t purchase. I sent them a formal letter of complaint with the help of Citizens Advice and mentioned the consumer rights act 2015, and asked for a gesture of goodwill, for not delivering the product I purchased and the several inconveniences caused. They have ignored this and did not offer anything in return to make up for their mistakes. Instead, they sent an email saying that if I don’t return the additional item they will charge me for it. Apart from the breach of contract under the Consumer Rights Act, this seems very disrespectful. Is there anything I can do? Thank you!

Welcome to the forum.

As you have discovered, formal complaint and threatening to sue is not a very effective way of getting a gesture of goodwill!

CA should have told you that under the Consumer Rights Act you are not entitled to anything beyond the full refund of what you have paid. That includes postage costs you have incurred. Of course you must return the ring sent in error.

Ju23gist

I understand that, but I'm amazed they would think I would go straight to suing them and there is nothing in between. And "a gesture of goodwill" could be anything, a gift card, a discount at the John Lewis store. A third attempt at delivery and collection... so many options. It's also amazing that they created the chaos and somehow the consumer is penalised for it. 

RefluentBeans

A gesture of goodwill is just that - a goodwill gesture to try and encourage you to come back to them. It’s not a legal right. 

If you want the ring they seem okay for you to keep one. They of course can ask for the other one back (I’m surprised they allowed the other one to be sent out without first collecting the first wrong ring…).

You mention a breach of CRA - you’re right. The law states the products must be of described. This means that you have a right to reject them (for a refund) or ask for them to repair or replace the item. Looks like they’ve tried to replace the item and there’s an issue with their QC - and boxes of rings have been mislabelled. They hence have said they can’t replace the item now, but are asking if you want to keep one item. They also likely won’t repair the item as the repair cost is too expensive. 

So your legal options, from the CRA, is to get a refund on one ring, or accept the change to the other colour. You’re going to be unlikely to claim for additional time you’ve spent to sort out a collection. Your rights are very basic legal obligations. They are, by definition, rights every consumer have for every transaction. They hence are going to be basic and it’s up to the retailer if they offer added protections or benefits to you, and some do (warranties etc) but these are often written for specific product types. 

To me, JL have actually acted in line. You can of course say you don’t shop with them again/lost trust/been a loyal customer and spent £X with them to try and get some goodwill but they aren’t obligated to offer you goodwill. In the same way in shops you aren’t obligated to take up-sells. 

sheramber

Instead, they sent an email saying that if I don’t return the additional item they will charge me for it.

Do you still have two rings- the first one you paid for and the second that they sent you which you have not paid for?

You haven't said whether you want to keep one of the rings.

First you need to arrange to return one or both rings. ny refund will depend on if you return both rings.

Ju23gist

Yes, they have arranged to collect the wrong ring and did not show up on the booked time. How can they have acted in line if they failed to be there at the agreed time? I appreciate all the answers and understand all that, but they cannot seem to get any of their services right. They have replied to my complaint letter saying they are checking what can be done, but it just seems like I will need to spend even more time to take the rings back myself because their transport services have failed. In my mind, a token of good gesture is the least they could do for so many inconveniences caused and yet to come.

RefluentBeans

Ju23gist said:

Yes, they have arranged to collect the wrong ring and did not show up on the booked time. How can they have acted in line if they failed to be there at the agreed time? I appreciate all the answers and understand all that, but they cannot seem to get any of their services right. They have replied to my complaint letter saying they are checking what can be done, but it just seems like I will need to spend even more time to take the rings back myself because their transport services have failed. In my mind, a token of good gesture is the least they could do for so many inconveniences caused and yet to come.

Can ask for your petrol back if you want - think that may be the goodwill. But not much more than that. 

What I meant when I said they seemed to do things right was that they sent a second item before they even had the first item back - that is excellent service, and most companies won't send a replacement until its in their possession. 

If you feel that you are owed more, then take them to court. I don't think you are entitled to more to be honest. 

born_again

Ju23gist said:

Yes, they have arranged to collect the wrong ring and did not show up on the booked time. How can they have acted in line if they failed to be there at the agreed time? I appreciate all the answers and understand all that, but they cannot seem to get any of their services right. They have replied to my complaint letter saying they are checking what can be done, but it just seems like I will need to spend even more time to take the rings back myself because their transport services have failed. In my mind, a token of good gesture is the least they could do for so many inconveniences caused and yet to come.

That is for the retailer to take up with the courier. Sadly many couriers fail to turn up & there is little anyone can do, if they do not have the staff or vans on that day.

JetpackVelociraptor

You could request reimbursement for your reasonable costs relating to the failed collection, and time you spent trying to rectify the situation. So for example if you took time off work, your petrol costs to return the items, anything spent on phonecalls etc. I don't think you'd be able to claim for time spent waiting at your home for them to collect the item though, unless you took time off work to do so and the amount is high enough that taking time off work to deal with it would be considered reasonable. It probably won't amount to very much, but you shouldn't be left out of pocket for their mistake.

However, you're not entitled to more than your actual costs. Inconvenience, disrespect etc doesn't have a monetary value. I would wait and see what they come back with this time.