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    • Okay I was just checking that the parcel hadn't been sent by a retail supplier in which case it might have been easier to get them to take responsibility. As usual, Hermes and Packlink are playing piggy in the middle and of course, you are Piggy. You should certainly make a claim against Packlink and against Hermes. However, they will both knock you back, of course. You could then sue Packlink or you could then sue Hermes of course Packlink are in Spain which is why it is a mistake to use Packlink for anything because they are outside the jurisdiction. Assuming that you want to proceed to take legal action then you will have to sue Hermes – who will try to say that you have no contract with them in your contract is with Packlink. What Hermes won't tell you though is that under the Contracts (Rights of Third Parties) Act you enjoy full legal rights against Hermes as if you were a direct contracting partner. Additionally, it is Hermes that have been negligent and so if you bring a legal action then you will allege breach of contract as well as negligence. For a claim of this value – £150 – Hermes will at the very least force you to begin a small claim in the County Court by issuing the court papers. They are then quite likely to push you to a hearing but opt for mediation en route. At mediation they will try to say that the contract is with Packlink. They will then back down and make you an offer which will be less than you are claiming – but if you stand your ground then they will eventually agree to pay you everything including the cost of your claim. Of course there is always a risk of losing – but it's extremely unlikely. This is particularly because for this kind of money, Hermes would rather not risk going to court and getting a judgement which makes it clear that you have third party rights and also that it is unfair for them to try and escape liability for these kinds of breach of contract and this kind of negligence. So the advice is, continue your claim against Packlink. Continue your claim against Hermes. When you get confirmation that they are declining responsibility, send Hermes a 14 day letter of claim and then on day 15 issue the papers. Read around this forum about other Hermes stories and also the steps involved in beginning a small claim in the County Court. We will help you all the way.
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    • Can I attempt to clarify what I think is a point of confusion between the OP and dx100?   What I think the OP is referring to is the general right to cancel a distance purchase within 14 days.  When the purchase is made, the vendor is obliged to provide certain information to the purchaser about their right to cancel in a durable medium.  An email or a piece of paper is a durable medium, but 'phone calls or links within websites (or links sent by email) are not.  If the vendor does not provide the required information in a durable medium, the usual 14 day cancellation period is extended up to a maximum of one year and 14 days.   My understanding is that one of the pieces of information that the vendor is required to provide in a durable medium is that the purchaser  will be reponsible for return costs if they cancel the order, and if a return by "normal" postage is not possible, the vendor needs to state what the return costs will be.   I think what the OP is trying to do here is to argue that they want to cancel the purchase and that because the vendor did not explain about their cancelation rights in a durable medium then, (i) the cancelation period is extended up to a maximum of 379 days, and (ii) the vendor is responsible for paying the return costs.   Anton2244 - is that what you are trying to argue?   Whether my understanding of this aspect of the "distance selling regulations" is correct and whether they apply in this case I won't comment.  Nor will I comment on whether this is the best approach for Anton2244 to take as he also seems to be under the mistaken impression that because no cancelation informatoin was given in a durable medium then "no contract" can exist...    
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Returning goods bought via email At my expense even though they sent wrong size?


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Hi All,

 

Just want some advice on the legalities of the terms and conditions here: http://www.equestrianclearance.com/terms_of_sale/index.html

 

I bought some boots that were meant to be a size 5 and they arrived today. The invoice states the boots are a size 5 and there is a basic removable number 5 sticker on the outside of the boot.

 

However they are too big for me and inside there is a stitched label inside stating they are an EU size 39. Size 39 is size 5 1/2 - 6 http://en.wikipedia.org/wiki/Shoe_size

 

I paid £34.99 for the boots plus £5.95 for postage. The T&C's of the website state that the buyer pays the costs for returns, but surely this shouldn't be the case if they've sent me the wrong size? If this is the case then it means I am £11.90 out of pocket and with no boots! It is no good asking them to change the size of the boots as I need them for a show this saturday.

 

I haven't yet contacted them to state that I will be returning them as they are the wrong size because I want to also get back my postage costs (both the £5.95 it took to obtain them and the amount it will cost to return them).

 

Do I have a leg (with no boot) to stand on and if so where do I start please?

 

Many thanks

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Hi,

 

Just to add, I've looked at the distance selling regulations - Can't say I understand them all, why do they constantly refer back to subsection/paragraphs blah blah?

 

I also looked at sale of good act and understand I can return them if they are faulty and the costs and the delivery charge should be refunded, however nothing wrong with them other than the size sticthed in the boot is differerent to the size on the invoice and sticker, and nothing about whether I should be out of pocket to return them.

 

Anyone advise me in plain English please?

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Thanks loopin, have already done so.

 

Can anyone tell me where I stand on delivery charges and the sale of goods act/the DSR's? I want to eamil them ASAP and get this sorted.

 

Thanks

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I would have thought they should either agree to send you a prepaid return label or agree in advance to refund you return costs on receipt if they dont do labels, but email them the choice. They are responsible for returns if as you found incorrect sizes. xx

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The supplier's Terms and Conditions with regard to cancellation appear to be unusually good in that they accurately reflect the terms of Distance Selling Regulations except that "You must return the goods" is over the top. "A buyer is required to return the goods" would be the legitimate way to put it.

 

For goods that fail to conform to description you would rather resort to the Sale of Goods Act which is not so far from common sense anyway, except that section 39 is not so widely appreciated:

 

Buyer not bound to return rejected goods

 

Unless otherwise agreed, where goods are delivered to the buyer, and he refuses to accept them, having the right to do so, he is not bound to return them to the seller, but it is sufficient if he intimates to the seller that he refuses to accept them.

----

Armed with that you should get in touch with the supplier as soon as possible to sort it out. Seeing that they seem to know the ropes already there should not be too much of a problem about it.

 

Section 39 exists because of the principle that a buyer who needs to make a case against a seller is therefore entitled to retain the evidence, to prove it.

 

:cool:

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