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Subject Topic: Online Order Problem Post Reply Post New Topic
24/12/2013 at 12:13am
 Location: Beverley East Yorkshire
 Outfit: Lunar Solar 525
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Hi
I just wanted others opinions on my little issue with something I ordered online.
I ordered 8 items online for delivery to my current address, I had used this site in the past at a previous address.
I placed the order and 7 items were delivered but the note said 8 were dispatched. I contacted them about the misssing item and they dispatched a replacement which I did not receive. I contacted them again (having to wait 15 days) and they sent the replacement, signed for. It was when that was signed for that I checked their site and they were sending it to my previous address. They are saying it's my fault because I need to tell them of my change of address, I say I ordered goods to be delivered to the adress I gave, my current address.
Who's right??


24/12/2013 at 12:28am
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Most sites will show both an invoice address and a delivery address.  If you have amended both of these then it cannot be your fault if the goods are delivered to the wrong address.

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Bernie


24/12/2013 at 12:32am
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I don't know what the law would have to say about that but logically if you ordered goods on this occasion and gave them your correct address then that is where the goods should have been sent. They are at fault for not taking the correct details and altering the information on their computers.

I have had a similar problem recently with letters being sent to my old address even though I have notified everyone who needs to know. Fortunately I live in a small village and moved to another house in the village and our local postman knows I don't live at the old address any more.


24/12/2013 at 12:38am
 Location: Beverley East Yorkshire
 Outfit: Lunar Solar 525
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Apparently with this site even though I filled in the form for the address to be sent to it doesnt update the database. They have apologised for their error but are saying unless the people who received the parcels return them then I can't have a replacement.


24/12/2013 at 1:11am
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If they have admitted that it was their error then they cannot refuse a replacement or refund.

Also the fact that they delivered 7 of the 8 items to the correct address proves that they had the correct address.



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Bernie


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24/12/2013 at 7:18am
 Location: Keswick
 Outfit: Bailey
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On the facts given in this thread the OP is in the right.  The seller is in breach of contract because it was required to deliver to the present address.No delivery as per the contract so the OP can canel the contract and is entitled to a refund. It is then up to the seller to find the goods to get them back.

The difficulty here is that proof does not seem to be available that the OP did notify the new address for item number 8. If the others arrived at the new address that's pretty convincing evidence that the OP did give the new address. Problem seems to be their IT and their intransigence in accepting the situation. If they remain intransigent then its down to litigation to get the money back. Silly to have to do that and the seller should consider customer service for someone who has bought 7 other items and appears to be a regular customer.

This advice assumes that the goods bought over the internet are subject to the laws of England. The web site may be one based overseees and the Ts and Cs may say that the law of some other country applies. If that is outside the EU then the Disctance Selling Regs will not apply. In any event the OP should just check the sites Ts and Cs

Phil



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If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe    


24/12/2013 at 7:22pm
 Location: Beverley East Yorkshire
 Outfit: Lunar Solar 525
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Thank you for all the replies.
It is a UK based company. When they said they would send the replacement I wasn't asked which address to send it to and I didn't even realise they stored my old address as you fill in the form with your address each time you place an order.
They said unless the people who have the replacements send them back then they will not send me another. I told them that when they accepted my payment they entered into a contract to supply the goods as ordered and they have now gone quiet on me.
I've now messaged them on variuos social media sites in the hope of a reply.


25/12/2013 at 8:34am
 Location: Keswick
 Outfit: Bailey
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Options:-

If the goods cost more than £100.........

Section 75 of the Consumer Credit Act 1974 states that the lender of money for a purchase is jointly responsible with the seller for the purchaser getting the goods  purchased, or receiving a full refund if they do not receive the goods. What this means in practice is that if you paid more than £100 by a UK issued personal credit card (but not a debit or charge card), then you can claim from the card company ALL the money you paid (irrespective of how you paid it) provided that the maximum contract value does not exceed £30,000 

For non-delivery the claim is made under breach of contract. You will need to prove (1) that you paid more than £100 by credit card. (2) You will also need to provide evidence of any other payments made (for cheques, copy bank statements). (3) Formal evidence that the company did not deliver your goods.

It's important when you write to the credit card company that you head the letter:

"Claim under S75 of the Consumer Credit Act 1974"

and you should include the following paragraphs:

- a statement of what you bought, where and when, enclosing any relevant copies.
- A list of all payments with copies of supporting evidence.
- A statement that you have not received or cannot obtain the goods and that it is breach of contract. Enclose any relevant copies to support this statement.
- A request that the credit card company refund the whole amount paid.

As the goods did not arrive (and it is their fault) you’re entitled to a full refund. The refund should be made as quickly as possible and in any case within 30 days. Remind them of their legal obligations in this respect under the Distance Selling Regs and tell them that you propose to report the company to the Trading Standards Authority in the location where their HQ are. Don’t expect too much assistance from TS but they may just contact the company.

 

If all of this fails its a case of suing them in the County Court but just check their Ts and Cs first to make sure that they have not included a term which says its your fault if the goods go to the wrong address. Such a clause is not enforceable but you need to cover the point in your pleadings. The Unfair Terms in Consumer Contracts regs applies to such a clause.

 

Also just check that, as they had your previous address, you were not responsible for updating your details. It may be that it is not enough to put your new address on the order but that you have to update.

 

Phil

 



-------------
If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe    


28/12/2013 at 9:08pm
 Location: Beverley East Yorkshire
 Outfit: Lunar Solar 525
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Thank you for all your help. It's a small value item so probably not worth much more effort.
I still haven't had any response from the company since 18th Dec despite resending emails asking for acknowledgement. However, I stumbled across a facebook post from their MD complaining about another company's customer service, so I commented about how ironic it was. Within minutes he's messaged me with his email address promising to sort the matter personally.
So hopefully a result!



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