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Internet Shopping Advice Please


MadgeXXX
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Hi to all!

 

I bought a pair of gardening clogs before Christmas (present for a friend). My account was debited with the correct amount of money on 13 Dec. As the items had not arrived about a week before Christmas an email was sent requesting confirmation of delivery. Advised that the clogs would be with me within the week. To date they have still not been recieved and my last email was unanswered. In that email I requested either a refund or the clogs to be re-despatched. Neither has happened.

 

What I intend to do next is write to the Company, giving them seven days to complete the order, or provide a refund. If this fails then I will start MCOL to reclaim the money. I have emailed them 3 times previously.

 

On the website the company claims that title and risk to the goods passes to me once the item has been picked from their warehouse.

 

Any advice would be gladly appreciated!

 

Madge

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Its the sellers responsiblity to prove the goods got to you,

 

If youve not received them, and they sent them via registered mail they can claim compensation from the postal method they chose, if they sent it un-recorded and it was lost, they are still responsible.

 

You are right in giving them a letter informing them of 7 days. At the end of the day the duty for the product to be received by the customer is the sellers responsibilty.

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Thanks for the advice so far!

 

I paid for the items by debit card. It is low value - under £20. I have sent them an email giving them 7 working days to sort it out, then I will make a claim for a refund plus costs.

 

Madge

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There's a nice clear little template here; just modify it to your circumstances, including the threat of court action. It is the case that the seller has to prove delivery in any action; I just can't find the damned link anywhere...that's what a hangover will do for you...sorry :oops: . Try asking rosiecotton about the proof of delivery, s/he's good with this sort of this. You said that it was a Christmas present for a friend? Was the company aware of this? That brings the delivery under 'time is of the essence' and goes in your favour. Another thing: is this a business, or a private individual here? because that may affect any advice you are given, there are some differences in dealing with a business as opposed to an individual.

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Thanks for the advice. The goods are new and from a registered company. They were ordered well before the companys advised last ordering date before Christmas. They have further advised a despatch date - but to date the goods have not arrived and to my knowledge they have not been re-despatched.

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The law states that delivery to a carrier does not constitute delivery to the consumer and therefore the contract is not performed until you are in receipt of the goods.

 

They can't simply say, well we've posted it/given it to a courier and therefore it isn't our responsibility.

 

Reference the Sale of Goods Act Section 32 (4) partially reproduced below:

 

if in pursuance of a contract of sale the seller is authorised or required to send the goods to the buyer, delivery of the goods to the carrier is not delivery of the goods to the buyer.

 

 

Regarding the length of time, the Distance Selling Regulations give businesses 30 days in which to perform the contract, i.e. deliver the goods, unless a different timescale has been agreed with the consumer. After 30 days have passed, the trader is in breach of contract and you are entitled to a full refund.

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Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

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Thank you for your advice Rosie - I will update the post when I hear back from the Company in question. 30 days is nearly up anyway since the order was allegedly despatched.

 

Madge

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