Thread: Paid for Lenses over a month ago...**FINALLY GOT**

Can someone read the following transcript of e-mails back and forth between myself and a company called contact for lenses? Am I going mad or are they taking the mick? lol!

Start at the bottom as it runs backwards:

Dear Andrew

Many thanks for your promt reply.

May I respectfully point out this e-mail sent by yourself on the 16th November 2006 (12 days ago)

“Dear cheddar

Thank you for your e-mail. We are trying to track out your parcel and
the same will be delivered to you soon. Kindly wait for a week during which
the package will definitely be delivered to you.

We apologise for the delay in receipt of your package.

With regards
Andrew
Customer Service
ContactForLenses”

So can you please explain the highlighted sentence? "Wait a week DURING which the package will DEFINITELY be sent out to you." So is this now not true? Can you clarify to me what this sentence is supposed to mean? The week you refer to has been and gone, now you are saying that you never said the item would be resent.

I am now currently seeking advice on this matter and I hope to hear from you soon. I would also like to know out of interest what steps you are taking to track an item sent via an untrackable method?

Many Thanks
cheddar
-----------------------------------------------------
Dear cheddar

Thank you for your email. This is to confirm that your order was shipped on 26th October 2006. We have not informed you that the lenses were resent. Currently, we are trying to track out your parcel and the same will be delivered to you soon.

Apologies for the inconvenience caused.

With Regards
Andrew
-----------------------------------
From: cheddar, Monday, November 27, 2006
Andrew

I am totally confused now, 26th October is my original order. You then told me on the 15th/16th November that my order had been re-sent. It seems to me that you don't seem to know what has been sent out and when.

You told me on the 15th/16th November to wait a week, it has been more than a week and you said to get in touch if i hadn't recieved it again. Now you are saying that you are trying to track the original order, but then say there are no tracking details.

I want someone to find out what is going on within 24 hours.
cheddar
-----------------------------------
postmaster@contactforlens es.com wrote:
Dear cheddar

Thank you for your email. Your order was shipped on 26th October 2006. Kindly note that these lenses have been shipped through the general post and hence, we are unable to provide you any details of the tracking number. We are trying to track out your parcel and the same will be delivered to you soon.

Apologies for the inconvenience caused.

With Regards
Andrew
-----------------------------------
From: cheddar, Saturday, November 25
Hi
I have waited over a week again for this order and it still isn't here. Is there a tracking reference you can provide me with? Or can you let me know when the lenses were sent out?

If I don't hear back from you soon I will have to sadly contact Trading Standards.

Many Thanks.
-----------------------------------
"postmaster@contactforlen ses.com" wrote:
Dear cheddar

Thank you for your e-mail. We are trying to track out your parcel and the
same will be delivered to you soon. Kindly wait for a week during which the
package will definitely be delivered to you.

We apologise for the delay in receipt of your package.

With regards
Andrew
-----------------------------------------
From: cheddar, Date: Wed, 15 Nov 2006
Hi Andrew
Thanks for the quick reply I have spoken to the Royal Mail collections
office and nothing is there waiting for me, I have also spoken to
neighbours who haven't taken in the package. However if I remember rightly
from last time it fit through my letterbox.

Many Thanks

-----------------------------------
"postmaster@contactforlen ses.com" wrote:
Dear cheddar

Thank you for your email. We apologise for the delay in receipt of your
order. Your order is being delayed due to some routing problem. Can you
kindly check with your post office to see if any package is being held for
you?

Kindly inform us the status on the same.

With Regards
Andrew
Customer Service
ContactForLenses

-----------------------------------
From: cheddar, Tue, 14 Nov 2006
Hi
You sent confirmation of shipment for the above order as 26/10/06 however
the lenses have still not been recieved. I ordered 1 box of Focus
Softcolors Monthly Lenses :
BC 8.6 DIA 14 PWR -3.75 in BLUE.

Can you please advise what my/your next step is.

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Cheddar, I'd go back over your quotes if I were you......

They've NEVER said "Wait a week DURING which the package will DEFINITELY be sent out to you"

They actually wrote "Kindly wait for a week during which the
package will definitely be delivered to you"
the two phrases have a completely different meaning.

It still looks a little dodgey to me though, I'd be asking for my money back now.

Ah v true but surely sent/delivered....no action has been taken in the timeframe specified and i can't seem to get hold of anyone when i ring now either or i get fobbed off. I will send a final letter then further action if no reply/lenses within 14 days. Good job it wasn't a large order this time!

Yes I ordered and paid for them online and now they won't even reply to my e-mails. So should i send an e-mail back to them now? What action can I take? Not really well up on this as have never had a problem witha company as ignorant as this.

Can anyone advise?

Well they're clearly telling porkies...

Originally Posted by cheddar

Kindly note that these lenses have been shipped through the general post and hence, we are unable to provide you any details of the tracking number. We are trying to track out your parcel and the same will be delivered to you soon.

If there is no tracking number how exactly are they trying to track it? Homing pigeon?

It also says on their website:

We send all our goods by recorded delivery.

So there would be a tracking number (not that it would be much use anyway as you haven't received the item!)

Interestingly, on their website, in the 'LOST GOODS' section it doesn't actually say what they will do if the goods are lost!

Anyway... in addition to your DSR rights as mentioned earlier, you also have rights under SOGA:

Sale of Goods Act 1979
(as amended by Sale and Supply of Goods to Consumer Regulations 2002)

20(4) In a case where the buyer deals as consumer or, in Scotland, where
there is a consumer contract in which the buyer is a consumer, subsections
(1) to (3) above must be ignored and the goods remain at the seller's risk
until they are delivered to the consumer.

32(4) In a case where the buyer deals as consumer or, in Scotland, where
there is a consumer contract in which the buyer is a consumer, subsections
(1) to (3) above must be ignored, but if in pursuance of a contract of sale
the seller is authorised or required to send the goods to the buyer,
delivery of the goods to the carrier is not delivery of the goods to the
buyer.

What this means is that until the goods are delivered safely to the buyer the seller has to stand the risk, even if the seller offers insurance at extra cost and the seller declines to purchase this insurance. Any attempt by the seller to disclaim their statutory responsibilities cannot be legally enforceable.

Of course, none of the above guarantees that you will be able to pursuade such a seller to refund you for loss in transit, and legal action is the ultimate recourse.


Have you tried to contact them by phone or sent them a letter?

No way i never noticed that on their site!!! Stoopid me didn't even look! lol! Hmm v interesting, yes i have tried to ring them and just keep getting fobbed and trust me if you have me on the line thats not easy a couple of time it has ended up with me on permanent hold or cut off....so next step is a letter then? Or shall i e-mail this to the wonderfully helpful 'Andrew' who seems to have gone very quiet??

They also say:

terms and conditions OF SHIPMENT


Without limiting the operation of any other terms and conditions herein, we will not accept liability for any loss or damage arising from a late delivery. Without limiting the operation of any other terms and conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order. Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.

???

Omg I can't believe it either, they don't list their tel number anymore! :O

Oh and they are in Jersey, does that matter???

You contacted them by e-mail almost 4 weeks ago and have got no joy - I think it's time to send them an lba giving them two weeks to refund or replace before you start legal proceedings.

Thanks i will get onto it should i quote the SOGA in my lba?? Do you suggest the LBA sent by post or e-mail?

I think 'Andrew' owns the site btw!

Originally Posted by cheddar

They also say:

Wouldn't worry too much about that nonsense on their website - it's very poorly written and doesn't make clear what exactly they are trying to state. If they are trying to say they don't accept responsibility for loss in transit then this has no effect in law, or rather it is treated as an unfair condition as it conflicts with statutory law (namely the passages from Sale of Goods Act quoted earlier).

Originally Posted by cheddar

Oh and they are in Jersey, does that matter

Pass. Not sure how this affects your rights under SOGA. Your local trading standards may know if you give them a call in the morning, or you may be able to find something if you have a quick google.

Originally Posted by cheddar

Thanks i will get onto it should i quote the SOGA in my lba?? Do you suggest the LBA sent by post or e-mail?

No need to go into depth quoting SOGA - you would plead the legal parts when you make a claim. I would just send a letter stating the facts e.g. you purchased on XX, never arrived, contacted them on XX, XX, XX etc - enclose copy of e-mail audit trail, and demand a refund within the next 14 days otherwise you will commence legal proceedings without further notice.

Keep the letter concise and factual.

Send a letter by First Class post, and keep a signed, dated copy should you need to rely on it in court if it comes to that!

Cheers you're a star.

They are probably in Jersey because Jersey has no statute laws and the Sale of Goods Act does not apply to contracts made in Jersey.

You'd have to argue that your contract is under UK law as the contract was made at your end, but they're likely to argue that the contract was made at the point they accepted your offer, at their end...

I don't trust companies with a Jersey address, sad but true. A real shame for the genuine companies over there I think!

I would tend to send the letter by First Class Recorded Delivery post, It gives you that little bit more evidence should you need to take the matter to court. Normal letter by Recorded Delivery cost about a £1.

Ian

The trouble with Recorded Delivery is that companies can refuse to sign for it, and many of them (especially the dodgy ones!) do.

If you post it via a Post Office Counter and ask for a proof of posting slip, this is usually enough for a court to deem that the letter was received.

I would tend to send the letter by First Class Recorded Delivery post, It gives you that little bit more evidence should you need to take the matter to court.

Actually, not even that, a copy of the letter is sufficient to deem the letter sent. Whether it has been received or not is not the sender's problem in this instance, a court will accept the copy of the letter as sufficient proof. However, as Rosie says, I always get a certificate of posting (which is free), just to make sure there can be no argument.

Thanks I always get a COP and as BW says Recorded Delivery isn't needed in these cases, it is no guarantee of anything. Will keep you all informed, however could someone clarify further the Jersey problem side of things? I have actually used this company for years and never had a problem so the matter of 'trust' didn't really seem to be an issue to me (until now obviously).

I don't know the answer to that, oh great cheesy one.

Have you tried calling TS, and see if they know?

As I said, there is no statute law in Jersey, therefore contracts deemed to be made in Jersey will not be subject to the Sale of Goods Act.

All their legislation is common law, i.e. based on case law. Local Trading Standards departments won't have knowledge on their laws, as they work with UK legislation. Maybe Jersey Trading Standards can help you if necessary.

The real issue here though is, where was the contract made? With Internet sales, this can sometimes be a bit woolly. I'll have a look and see if I can find any precedents on this.