internet purchase, help required

[mobeyone]

Well, my partner and my mother placed an order for two dresses made to order online.

 

After numerous phone calls regarding requirements, we were given a price which was paid through BACS after the seller insisted, all got on very well and were very happy with the order etc.

 

We were advised of a 6 week turnaround time for completion and at every stage we advised that the dresses were needed for a wedding and it was imperitive that the order reached us well within this time.

 

6 weeks pass and the order turns up but minus several altercations we had requested. After again several phone calls, we return the items again to an apology and to we will sort this asap. We later recieve a revised invoice telling us that the work we had already paid for is now in need of payment again as they have changed thier prices.... is this legal to begin with?

 

Anyway, after another 3 weeks and many promises, one parcel turns up but its a totally different order. When queried, the seller advises that its all they had and she hopes she is happy with it... WTF... my mother replies that this was not what she ordered and added to this the colour rubs off indicating premature dye or that the colour had not set properly. When asked where the second one is she says it is with customs and this is out of her control. This woman completley ruins a wedding that had been planned for a year ago with this disastourous order. She offers no advise other than a half ar5ed apology and insists that the order will be with us asap. She is advised this is no good knowing full well that the wedding is imminent.

 

Naturally, both are mad as this is a day before the wedding.

 

After again numerous phone calls, she relucatantly accepts that she is wrong and will offer a refund. Dress that was recieved has been returned but its been nearly two weeks now and the seller has yet to refund.

 

My mother phones up and asked what was going on and she has advised that her accountant as deducted fees and the refund is being processed and stands at £90. We paid £223 in total not including postage costs that we incurred twice to send these items back and cites postage costs have been deducted from our refund when she verbally agreed to a refund of £150 on friday. Again back tracks and advises will have to see what she can do.

 

I am not happy about this, what can I do? She failed to delivert the correct items first time round as ordered and added costs to the order and now is only willing to refund £90?

 

Please help?

[gyzmo]

6 weeks pass and the order turns up but minus several altercations we had requested.

 

 

I was going to correct that but I think altercations is right! Anyway...

 

Fistly, unless there is a provision in the contract (you would have to check), she cannot change the price (there are circumstances where a price may fluctuate - see Tescos for example).

 

You ar entitled to a full refund as there has been a complete failure for her to perform the contract. The fees are her problem, and the accountant has nothing to do with the contract that you are (were?) both under.

 

I would write a letter (politely) demanding a full refund for the following reasons:

 

Breach of implied terms as to quality or fitness under Sale of Goods Act.

Probable breach of one of several Distant Selling Rgulations (such as notifying of changes / delays / prices)

The distress and inconvenience that this has caused you (and your soon to be wife).

 

Allow 14 days for a response and if non comes send another letter giving seven days to refund, or else court action will be taken without further notice. Keep hold of all documents you have as they will be equired, and try to record details of all telephone calls..

 

There may be the ability to get a charge back on your card (I am not well up on this area - someone else may be able to advise on it).

 

Good luck with this and, of course, with the wedding (remember that's what counts - not the furnishings!).

[Shanks]

You said that she told you

 

it is with customs and this is out of her control

 

I assume that means that this was an overseas transaction, if so I am not sure what the courts in this country will be able to do for you. Was this done through a third party web/auction site or was it just an independant dress maker who happens to sell via the internet? If it was the former I would try contacting them and see if they can mediate on your behalf. If it was the latter then it's beyond me but hopefully someone will be along soon to suggest something.

 

Good luck