How long to wait before instigating CC chargeback

david_navigator

lisyloo said:

Exactly which card did you use please - credit. debit, amex, mastercard, visa?

Mastercard

david_navigator

There was a clear breach of contract.
I ordered A
Supplier accepted the order and informed me they'd despatched A
Supplier actually dispatched B.

Supplier is in the business of supplying specialist chocolates for special occasions, so would be aware of the necessity to supply the right product or give the customer the right to cancel.

If the supplier had accidentally posted them to the wrong address and the recipient had eaten them, then the supplier would be expected to replace or refund. I don't see how this is any different. Supplier was negligent by sending the wrong product.

Zinger549

They might ask you to send the incorrect box back.

Phoenix72

david_navigator said:

There was a clear breach of contract.
I ordered A
Supplier accepted the order and informed me they'd despatched A
Supplier actually dispatched B.

Supplier is in the business of supplying specialist chocolates for special occasions, so would be aware of the necessity to supply the right product or give the customer the right to cancel.

If the supplier had accidentally posted them to the wrong address and the recipient had eaten them, then the supplier would be expected to replace or refund. I don't see how this is any different. Supplier was negligent by sending the wrong product.

But thats not what happened here is it. It's a totally different scenario.

You may get a gesture of goodwill but not if you go in with that attitude.

sheramber

Does tgg be sir website/ terms and conditions indicate they will substitute if ordered item not available?

born_again

david_navigator said:

There was a clear breach of contract.
I ordered A
Supplier accepted the order and informed me they'd despatched A
Supplier actually dispatched B.

Supplier is in the business of supplying specialist chocolates for special occasions, so would be aware of the necessity to supply the right product or give the customer the right to cancel.

If the supplier had accidentally posted them to the wrong address and the recipient had eaten them, then the supplier would be expected to replace or refund. I don't see how this is any different. Supplier was negligent by sending the wrong product.

For a start Chargeback does not cover breech of contract. It covers certain problems.
You had a case, goods not as described, but was blown away by the product being eaten. You need to return the product.

So long as a retailer can prove delivery (does not matter where) a non receipt chargeback can fail.

Yes, you have your consumer rights. But chargebacks are not part of these.

PHK

david_navigator said:

There was a clear breach of contract.
I ordered A
Supplier accepted the order and informed me they'd despatched A
Supplier actually dispatched B.

Supplier is in the business of supplying specialist chocolates for special occasions, so would be aware of the necessity to supply the right product or give the customer the right to cancel.

If the supplier had accidentally posted them to the wrong address and the recipient had eaten them, then the supplier would be expected to replace or refund. I don't see how this is any different. Supplier was negligent by sending the wrong product.

If you are so confident then I don’t see what advice we can give other than wait a reasonable time for them to respond (you have said when you contacted them or how long it’s been)

if they don’t respond then go to small claims. 

Hoenir

david_navigator said:

There was a clear breach of contract.

What do the full terms and conditions of trade say ? Were the products identical other than the design?  

pinkshoes

david_navigator said:

I ordered some chocolates for my sister's 60th birthday, they were a specific design (but off the shelf) which has great significance to my sister. I verified that the supplier had the items in stock before ordering. When they were delivered (directly to my sister) they were a completely different design of no significance at all to my sister with a hand written note indicating the ordered chocolates were out of stock and so they'd made a substitution. No attempt was made to contact me about the substitution, in fact in the email saying my order had been dispatched they listed the items I had ordered.
I've written to the supplier expressing my dissatisfaction and asking for a refund, but as of yet I've had no reply other than an automated "we've received your message".
How long should I wait before simply instigating a CC chargeback ?

Your sister was perhaps rather quick off the mark eating them then! 

Did you not phone her the day she arrived?? Did she not want to know what you did order if what she received said it was substituted?!?

As your sister ate them so quickly then I'd just send your sister a photo of what she was supposed to receive but say as she ate them you can't get an exchange unfortunately. 

Alderbank

How could she agree to anything?

She was not a party to the contract.