Online purchase gone Pete Tong, any lawyers in?
Discussion
Not having much fun with life lately but that's not for here. Last week I needed a new PC & quick. I ordered one & paid for Saturday delivery. The PC arrived but the monitor failed to arrive. I contacted the company in question & they promised to get back to me ASAP. They didn't. I plugged the monitor I had in & the BIOS screen was all corrupt. By Sunday I had no choice other than to buy a setup from elsewhere, I simply had to get this work done. Monday morning comes & they attempt to deliver the monitor, I refuse as I no longer need it. I also request to send back the PC which still has all of the protective film etc on it & is 100% like new. I had since tested the PC with the new monitor I got elsewhere & the BIOS is fine, seems it can only display the BIOS on a widescreen! (yes the old one I had was THAT old!!).
I understood under distance selling rules I would be covered, however I made the mistake of automatically putting my company name on the order as well as my name so they have assumed this is a business order and DSR's do not apply.
I've looked at their terms for business & the contract says no cancellation is possible. Can they do that? They broke their part of the contract by failing to deliver on the day I paid extra for.
Any help would be great, I'm not in the right frame of mind right now for a battle & tbh the way I feel right now this is just another lump of crap to take me down further still
Thanks for any help anyone can offer.
ps, I've since found loads of reviews for this company that don't paint a very rosey picture.
I understood under distance selling rules I would be covered, however I made the mistake of automatically putting my company name on the order as well as my name so they have assumed this is a business order and DSR's do not apply.
I've looked at their terms for business & the contract says no cancellation is possible. Can they do that? They broke their part of the contract by failing to deliver on the day I paid extra for.
Any help would be great, I'm not in the right frame of mind right now for a battle & tbh the way I feel right now this is just another lump of crap to take me down further still
Thanks for any help anyone can offer.
ps, I've since found loads of reviews for this company that don't paint a very rosey picture.
The bit of contract that broke I think was between the supplier and their courier.
It now comes down to how reasonable/enforceable their terms are and how much they'll be bothered to help you - after all they're happy, they've sold the goods and got their money. And it seems that apart from the monitor fail, they got the monitor to you on the next working day.
I doubt you'll be throwing lawyers at this so you can either have a fight that will grind you down even more, or sell the spare bits on eBay and cut your losses.
It now comes down to how reasonable/enforceable their terms are and how much they'll be bothered to help you - after all they're happy, they've sold the goods and got their money. And it seems that apart from the monitor fail, they got the monitor to you on the next working day.
I doubt you'll be throwing lawyers at this so you can either have a fight that will grind you down even more, or sell the spare bits on eBay and cut your losses.
Ash MP4 12C said:
Paid by credit card?
Visa Debit CC & Pay Pal had surcharge. They have agreed to refund if the goods are Ok (which they are) due to the Saturday delivery mess up. However after reading reviews it seems this company really try it on & claim damage in post etc. I've requested THEY arrange the collection which they have agreed to. Fingers crossed as I really don't need this right now. Thanks for your input 
DSLiverpool said:
No no no - within 14 days you can return anything for any reason if bought remotely - trust me I have boned up on this and you can do it. Get heavy straight away, ask for a RTN number if they don't give you one start a moneyclaim
Even for a business to business transaction?Mr Pointy said:
DSLiverpool said:
No no no - within 14 days you can return anything for any reason if bought remotely - trust me I have boned up on this and you can do it. Get heavy straight away, ask for a RTN number if they don't give you one start a moneyclaim
Even for a business to business transaction?On a side note what constitutes a business transaction? The delivery was to my home address & I paid with a personal card not a business card. I just made the mistake of automatically putting my business name on the order as well as my name! Other websites when buying for a business take my VAT number for example.
I did manage to get PC World\Currys to take back a laptop from a B2B order when they were unable to deliver 2 of them on time. I think the second one I'd ordered was not in stock even though it said so on the website. Argued that they had failed the contract as both laptops and hence the invoice would not have been delivered as agreed.
I hadn't opened the one laptop they sent me though and agreed to pay for the return postage.
Never knew about the B2B rules before that! You live and learn.
I hadn't opened the one laptop they sent me though and agreed to pay for the return postage.
Never knew about the B2B rules before that! You live and learn.
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