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Blueunplugged Distance trading


Ivanbb
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Last week I ordered four video cables from an online UK company.

The order didn't arrive and I called them up. Delay was caused by one item on the list "out of stock". Without any prompt, they offered to send the order in two parts. As it was Friday I expected this to arrive Saturday or Monday.

The wrong parts arrived on Monday and I called them asking if they would send the correct parts immediately. They refused without first receiving the items back (at my expense.)

 

This delay has in turn delayed my work. I need to get these cables fast and intend to purchase them elsewhere.

As they didn't inform me the order was first delayed, then sent the wrong parts, and now refuse to send the correct parts until I return the existing ones, where do I stand on compensation?

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They are responsible for the cost of return because the part is not what you ordered. If they had fulfilled the order correctly you would still be entitled to return them for a refund but you may have been responsible for the cost of return if their terms and conditions state so. If they don't have any returns policy in their t&cs then they have to pick up the tab for all returns.

 

Contact them and make it clear you are rejecting the goods and you will require them to arrange the return at their own expense. You are entitled to your refund within 30 days whether they organise the return or not. As you didn't order the cables which arrived they are unsolicited goods.

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You should probably be expecting a refund, not compensation.

 

Inform the retailer that you expect a full refund, and that you will keep their merchandise in a safe place until such time as they arrange to have it picked up, at their expense.

 

The DSRs don;t really come into play here, as you are rejecting the goods under SOGA.

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OK but doesn't that lend itself to getting away with professional incompetence on the part of the provider? It would be easy to set up a [problem] website advertising an attractive product, then send a packet of biscuits to fulfil the order.

"sorry ... out of stock... just keep the biscuits and we'll refund your order."

Statistics depict a percentage of customers would not bother complaining and therefore profit could be made ... from in effect nothing!

 

In this case the product is of no use to me if it's delivered late. I'm forced to buy from another retailer at a much higher cost and at a loss of my time. Surely there must be some form of compensation due to misrepresentation or something legal to deter a supplier from correctly fulfilling an order?

Can't they be forced to send the correct items? (for example)

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sorry ... out of stock... just keep the biscuits and we'll refund your order

Then you've gained a packet of biscuits and they've lost out.

 

Can't they be forced to send the correct items? (for example)

Of course you can wait for them to send the correct items but you've already said you need these cables quickly for your work.

 

You are entitled to return the wrong cables under SOGA and get a full refund. If the correct ones turn up too late you are entitled to return them under DSRs and who pays for the return carriage will depend on the company's t&cs. You are not entitled to profit from the situation.

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Okay , I understand the "non-profit" situation which is reasonable ... however this is about loss.

 

It's much like buying a ticket for a flight and then finding the airline staff had a party and turned up late. You've missed the connection, the cruise ship sailed and a ticket refund doesn't help.

 

In this case I've lost two working days and a further half day obtaining the parts elsewhere.

 

We must be reasonable, and mistakes happen, but if there's no legal way to stop such lack of concern when trading then I shall be buying broken biscuits in the near future.

This is a loophole where companies can gain by not caring for customers!

If the customers who complain are only entitled to a refund.. then it becomes profitable for a company to be out of stock. Even overnight interest rates on the money from orders would turn a profit! The small percentage of customers who don't complain about their order will provide clear profit for the company!

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That would be a terrible business model, and likely to lead to a company losing customers. It is not a profitable business model by any stretch of the imagination.

 

I completely agree in principle. It wouldn't seem profitable. However this didn't stop Ebuyer in the early days. None of my colleagues will trade with Ebuyer even now, and they turn a tidy profit. If there's no way to stop such trading then profit can be made and it would seem to be quite legal. Anyone with a professional legal background like to comment?

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