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sneaksms

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About sneaksms

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  1. Always nice to hear about good customer service!
  2. I had a similar problem, although the issue was resolved when the "lost" item turned up. My take on it was that they are contractually bound to provide you with that computer at the price you paid. They accepted the contract when they sent the items out. If you accept a refund, as you quite rightly realise, you are releasing Amazon from their obligations under the contract. As long as you refuse the refund, they are obliged to maintain their end of the contract. I was preparing to have to take legal action, but as I said, it turned up. Tell Amazon that you'll require either the computer you ordered (you may have to wait a reasonable time until it comes back into stock), a replacement of similar specification, or the difference in cost for you to purchase the computer elsewhere (you'll be best off finding the lowest price alternative for this).
  3. To put it simply, you have no legal right to return the item. I believe there are even exclusions to the DSRs that software that's been opened isn't covered (if you bought online). Unfortunately, it's a case of buyer beware - should have checked reviews etc. Sorry!
  4. Sorry, you don't have a hope unless you have something written down that they will supply the umbrellas to you for £1 - or had paid a deposit/paid in advance
  5. The additional rights for buyers in the SOGA state that the buyer has the right to request a repair or replacement, if this is not possible then the buyer has the right to rescind the contract. It just depends whether the OP is going to claim under s13 or s48
  6. It does You'll be covered for reasonably foreseeable damage, that isn't too remote. A faulty PSU frying the rest of your PC clearly falls within these terms!
  7. I do hope this concern doesn't keep you up at night
  8. Hi rebel, thanks for coming back again. I'm happy to wait - the drive itself won't be of use until the other components turn up (Christmas day if I've been a good boy) - but if it's an indefinite wait or over say a month, then I would indeed like to exercise my rights (and probably be a PITA in the process). I believe this comes under "expectation loss" or "loss of a bargain" - and I don't think Amazon's supply issues (if it takes over 30 days) can excuse them from their duty to provide within the time frame? But I'm getting ahead of myself, it may only be a week or two in which case it isn't a problem. Anyone else have any thoughts? rebel's are valued but as many views as possible are obviously preferable
  9. Thanks rebel, I am looking through now. But at a glance (and from general limited knowledge) DSR's are about my right to cancel and return, not about my right to have the item I ordered at the price agreed. Should I not be looking at contract law? Just for reference, I believe these relevant terms from Amazon's conditions (http://www.amazon.co.uk/gp/help/customer/display.html/ref=footer_cou?ie=UTF8&nodeId=1040616): 14. Our contract When you place an order to purchase a product from Amazon.co.uk, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we've dispatched that product to you (the "Dispatch Confirmation E-mail"). That acceptance will be complete at the time we send the Dispatch Confirmation E-mail to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation E-mail to have been dispatched do not form part of that contract. 22. Losses Amazon.co.uk will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the website, or a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed. Amazon.co.uk does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or wilful misconduct. [edit] Sections 3.16, 3.17 and 3.18 of DSR state 30 days to complete contract - but say that they must just provide a full refund. I must be covered by contract law as well? [edit again] Section 3.17 of DSR - "the contract must be treated as if it had not been made, apart from any rights that the consumer has under it as the result of the non-performance. Is the bold part referring to remedy under contract law?
  10. Hi CAG, I'm having an issue with Amazon at the moment, and wanted to run it past you for opinions. Story in brief: Possibly unimportant part: Several items ordered including hard drive - Yodel "misplaces" package - Amazon send replacement via Royal Mail. Important part: Items arrive - Hard drive box matches description - Box contents do not. The hard drive box is a cardboard box sealed at the top with tamper evident tape, however the bottom of the box is just folded cardboard. There is some outer coating missing from the bottom as if a sticker has been removed and overall the box is quite damaged. The hard drive I ordered is a 128gb, I received a 64gb in a 128gb box. I assume someone has made a swap, returned the incorrect item in the box to Amazon who have restocked without checking. My belief is that Amazon accepted by offer of £149.98 for the hard drive when they sent out the items to me - we therefore have a contract in place for them to provide the 128gb drive for that price. Amazon are now out of stock - I was told they're refunding the order by the first customer support person I spoke to - I declined and spoke to a manager. I explained that in my opinion, they are obliged to supply the item as agreed or pay for the difference between their price, and the next cheapest supplier on the Amazon market place so essentially I am still only paying the £149.98. The manager didn't agree and told me that if I want to still pay £149.98, I should return the current item and re-order for the item to be supplied if/when it's restocked. I declined as I believe this would terminate Amazon's obligation to supply me the drive at £149.98 - they would then be free to cancel my order leaving me with no choice but to pay more from another seller. I am currently waiting for an update on when they will get stock in to resend the item to me (without me cancelling and re-ordering) - however it's apparently going to take 3 business days to get a yes/no answer of if it will be stocked again, and then however long on top it takes to receive their new stock. Sorry if that was a bit long winded, but I wanted to provide as much info as I can. Am I correct in my assumptions? I am happy to wait for the hard drive as long as it's within a reasonable time frame - would that be 28 days after the original dispatch date? Or, am I just being a clueless PITA? Thanks!
  11. Possibly be thankful that you got vouchers AND replacements? What else do you want? What on earth are you going to take legal action for?
  12. Thank you all for your replies. I have since had a call from the owner of the company who make the product, and feel very much reassured. The object found turns out to be the wrapping used on one of their ingredients - a very nice chorizo used in the production. It's the sort that you'd see hanging up in Spain with a thick cardboard wrapper on it. Now, whilst I don't want to be finding stuff in meals that isn't supposed to be there, it's not as bad as it would have been if it was something else! Turns out it's a small company with 5 employees, using great ingredients - so actually, I'm not that fussed about finding it. Was offered free vouchers and all that (which I declined), and will keep buying the product. Much better than the various body parts and animals that turn up sometimes!
  13. Refund doesn't really bother me, it's a couple of quid, but it starts with a bit of cardboard, next thing you know there's an eyeball looking at you from the next meal Guess I'll just report it to Ocado, sure they've got someone that looks into these things to see if there's any real problem. Cheers.
  14. Hi, Beyond contacting the seller and the manufacturer, what else should I do after finding a rogue item in a ready meal? It's a piece of thick cardboard (I think) with printed letters on it - it's too thick to be part of the packaging. This sort of thing obviously shouldn't be in the food. Is there anyone else I should get in touch with to report it? Environmental health? I don't want any compensation, but I do want to make sure that this is actually looked into and acted upon appropriately. Or should I just ignore it and not buy again?
  15. Please delete, posted in wrong sub forum. Sorry!
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