Distance Selling Act

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s3fella

Original Poster:

10,524 posts

186 months

Saturday 20th December 2014
quotequote all
Collective advice required please.

I ordered some items online in a Black Friday or Cyber Monday deal. The site is a well known clothes and general stuff discounter, a bit like a small Amazon. I suppose. I've bought from them before via their ebay site with no issues. I cannot mention their name of course.

So I order these items and it is two DVDs, 3 t shirts, and some Nike compression under layers, a top and marching shorts. Oh and a set of knives too.
Order was back end of Nov iirc.

DVDs arrive within a few days, no probs apparent, but are pressies so I've not tried the, of course.
Then nothing............none of the clothing arrived nor the knives.

So the the news hits about a certain courier firm and problems they were having. And the next day, 11th December, I get an email from The Shed to say, 'sorry, we have delays to shipping and delivery, but your items should be there soon'.
So I don't panic. But then, nothing arrives until this Monday 15th, when Yodelayayhoo arrive. I open the parcel and the Nike top is in there, with the shirts, but still no shorts nor the knives. Try the items on and Nike top is fine, but a t shirt just doesn't fit, too small, repacj it all, still, with tags for return. But, there is no returns note in the bag.
So I look on the site and it says to message to get a returns authorisation. However, Yodel have texted to say my other parcel is due to be delivered Weds, my wife is in that day, so I hold off to check the last items.
When final items come Weds, I open parcel when home from work late , the knives are fine, but the Nike shorts are too small.
So, Thursday pm, I log into the site and there are no numbers, I read the returns policy and send a message for authorisation. Now it is all one order, and I have to mark the items in question with a tick, against the full list. I've on,y had the entire order for 1 day!
So my message goes at 4pm Thursday, and I get confirmation,rail about a response in 24 hours but could b longer if busy. Fair enough.
They have just mailed to say I cannot return as the items were dispatched on 4th December and it is now outside the 14 days return period!

I've replied via their website basically WTF, and asked for proof of dispatch, and proof of delivery. I've mentions father email of 11th that admits problems on delivery and pointed out I've reported the times iunsuitable within 72 hours of one being received and the other within 24 hours.

So, my roundabout question is, who is right? Is it 14 days from dispatch or from receipt? The item appear to be fine, no damage, it is just they are wrong size.
If they are right, it would appear that there is little protection from the distance selling regs. But even if it is technically right, then they admit they have problems with delivery and it is a national news story, surely there should be some common sense here.?

allergictocheese

1,290 posts

112 months

Saturday 20th December 2014
quotequote all
If you ordered all the items at once, then you have 14 days from the day you received the last item.

See regulation 30(4) of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

http://www.legislation.gov.uk/uksi/2013/3134/regul...

s3fella

Original Poster:

10,524 posts

186 months

Saturday 20th December 2014
quotequote all
Cheers. It's the last received packaged that had one of the two items in.
I've just noticed my "replies" to them have not been sent, as they have closed the original message! So I've had to do it again, ask for a refun and point out the obvious nonsense in their reply.
BUT, Iif I don't get a return authorisation. I can't return and with Xmas coming up, if they spin it out for a few days, it's I'll then be more than 14 days since receipt!

Beginning to think it is a scam by a bunch of clowns to be honest.

Red Devil

13,055 posts

207 months

Saturday 20th December 2014
quotequote all
There are still a lot of companies conducting business online which are woefully ignorant of the change in the law w.e.f. June this year. Your right to cancel is absolute (see the link above). The seller can procrastinate and prevaricate all they like but it won't change anything. So get cracking and e-mail them. Follow it up by letter (enclosing a copy of the e-mail).

I'm a great believer in going to the top with organisations that try to evade their legal obligations so, if it were me, I would be copying it all to the MD as well. I have always found that if you use the right (and polite) language those whose job it is to captain the ship are usually helpful. If the vessel is heading for the rocks they like to know who is at the helmsman's wheel and steering them off course.

It is well worth delving into the small print of the Regulations as there is now a whole slew of ways that a seller can commit an offence.

allergictocheese

1,290 posts

112 months

Saturday 20th December 2014
quotequote all
Once you have notified the company of your intention to return the goods under the regulations (assuming you're within the 14 day limit), the clock stops. You do not have to receive agreement from them or a returns number within the 14 days for your rights to remain intact.

Edited by allergictocheese on Saturday 20th December 16:19

s3fella

Original Poster:

10,524 posts

186 months

Saturday 20th December 2014
quotequote all
Ok, cheers.

They're a proper shower a shyte tbh.