What are my rights on undelivered goods

[catpower]

First of all i'm sorry if i have come to the wrong place. If i have can someone redirect me.

 

Earlier this year, i joined DisneyMovieRewards.co.uk scheme. When you buy Disney related products, you are given a code with X amount of points. These points can be redeemed for goods. I redeemed my points for a large cuddly soft toy on 5th June 2010 and was advised delivery would be in 4-6 weeks. After 8 weeks i emailed them and advised of non delivery, to which they replied that there had been a technical problem and i would need to wait a couple more weeks. I have still not received my item and they are no longer replying to my emails.

 

What can i do?

[perplexity]

 

Cancel the contract.

 

The right to cancel a contract under the Distance Selling Regulations applies to any contract, not just a sale where money changes hands, and "the supplier shall reimburse any sum paid", would apply to any sort of payment.

 

8-)

[IdaInFife]

why would they want to cancel? the op obviously wants their free gift........

 

Time to write a complaint - send recorded delivery

 

3 Queen Caroline Street, Hammersmith. London, W6 9PE

[perplexity]

The question was "what can I do?" not "what do I want to do?" and a complaint would already appear to have been made:

 

After 8 weeks i emailed them and advised of non delivery, to which they replied that there had been a technical problem and i would need to wait a couple more weeks.

 

The general idea of cancelling a contract under the DSRs is to cut the losses. The time and trouble it takes to chase it all up could otherwise cost more than the value of the item.

 

[catpower]

Hello again,

 

I have spoken to consumerdirect and they have advised to write a letter using such terms as "making time of the essence" and that if i dont receive delivery then i can hold them in breach of contract.

 

This is a quick draft. Can you please let me know if what im doing is correct and what is the likely outcome?

 

To Disney Etc,

 

On the 5th of June 2010, i placed an order with you for a 5ft Soft Toy Heffalump.

 

It was agreed between us that you would make delivery of the above in 4-6 weeks. To date you have not supplied me with the goods.

 

I am now making time of the essence in this contract and expect delivery within the next 10 to 14 days or i will hold you in breach of the contract, at which time i will expect you to reimburse me with all my reward points and i will seek compensation for monies spent by me on promotional produts, which you enticed me to buy with the offer of rewards that you have failed to deliver.

 

I look forward to hearing from you in the next 7 days

 

Yours

 

 

XXXX