Making a claim using the Distance Selling Regulations

podlet

Hi all :hello:

This is my first post to the forums - what a great resource this is!

I have been receiving Martin's email newsletters and included in the most recent one is mention of the Distance Selling Regulations. In a nutshell, this is about making a claim to a seller who has failed to make a delivery in the time stated.

In my case, I was expecting a delivery at the latest by 24th of Dec. You can well imagine my surprise when I did not receive the item from the couriers and phoned, only to get told it was 'missing'. The retailer had already closed for Christmas and I was left with no pressie for my partner under the Christmas tree...

In reading around the topic, I found the following sample letter online - www.newport.gov.uk/stellent/groups/public/documents/web_text/cont104741.pdf

I have two questions and I hope someone can provide clarity:
1) Do I make the claim to the seller of the product, or to the courier who clearly didn't deliver?
2) If I claim back a refund for failing to deliver the product in time, do I still get the product delivered? I still do want what I ordered and it would be silly to claim back a refund only to reorder the product. Do I get a refund (for the breach of sales contract) AND the product delivered (eventually!) ?

Hope I posted this in the right place....

podlet

dmg24

As you still want the item, you just need to call the retailer and chase up the delivery.

You are only entitled to your money back if you no longer want the item. You will not get a refund and the product!

podlet

dmg24 wrote: »

As you still want the item, you just need to call the retailer and chase up the delivery.

You are only entitled to your money back if you no longer want the item. You will not get a refund and the product!

Thanks for the confirmation dmg24

I guess it would have been too much to hope for both

To save money this Christmas, my partner and I decided to buy each other gifts we really needed (in his case, a nice new keyboard and wireless mouse he had had his eye on and was found on this particular website).

I am really unhappy at the seller not coming through on time because in effect I was left with no choice but to go out and buy another interim gift last minute at 5pm on Christmas Eve which was a nice-to-have but not necessary.

We are still awaiting the product and I am sure that they will eventually come through. Could have done without the inconvenience though and the right gift under the tree.

podlet

dmg24

No problem ... and welcome to MSE! x

Iamthesmartestmanalive

This is a wind up, surely

Refund and the product

What planet are some people on:rotfl: