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DJH0101

Bad Service, Damaged Goods

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Hi

 

I am wondering my rights.

 

I have purchased 2 of the same items. Despite it stating it was in stock to begin with, a regular occurence on this site, the item was not in stock. Delivery dates, were provided for last week, I recieved 1 of the items. The final item is said to be delivered next week. Said..

 

The 1 item sent is used not brand new, had previous owners headed paper and return reference in it, and I spoke to the owner who confirmed. The item is also damaged. This is one occurence, I have no idea how many ppl before me have had it. They stated they were sourcing from suppliers, the previous owner stated he recieved it from the same place I ordered it.

 

2 things.

 

I want to know. If I can keep the item, I do not want a refund or repair, I want a replacement. I want to keep the item until a replacement is given via thier courior. It's damaged but I think still usable. Am I within my rights to do this. I ordered the item to undergo some work, so would put me out of pocket and inconvenience me not having said item. Plus they can never give precise delivery times from thier supplier,so will not even know how long it could be, it could be 4-8 weeks or more who knows. I've blindly waited 2 weeks for one and now still waiting on the other.

 

Each item is £250 cheaper than anywhere else, hence replacement. 1 item still to be delivered. Can they now refuse delivery of this item and fob me off with stock issues e.t.c or can I force them to fulfill the order. I haven't paid yet, money isn't taken until dispatch, although money is locked at my account. Reason being, it's so cheap, a mistake I think they have made as item is now advertised at £250 more but says back order.

 

If it goes to court. Can I claim for :

 

Full refund, loss of money, compensation and if I have to purchase another item, the additional cost against the cost I was given. e.g I got it for £100 but had to go elsewhere and then pay £400.

 

They appear to be ignoring me now, so letter of what I want / intend to do is next.

 

Basically. I want both of the items originally ordered. I want a replacement for the damaged item, but do not wish to send damaged item back until in receipt of new item.

 

How much time should I allow them for this.

 

Thank You

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