Problem with internet purchase - advice
Discussion
Yesterday was my g/f birthday and on Wednesday I ordered an orchid in a vase to be delivered to her workplace, cost just under £40 and paid for by credit card.
Anyway, she rang me yesterday after it was delivered, in tears.
When she brought it home I couldn't believe the state of it despite being totally incased in a sturdy box.
For starters it was a single stem when I'd ordered a twin stem, the stem was broken in 2 places and of the 4 flowers on it only 1 was ok, the rest looked like they'd been savaged by a cat.
On their website is a form to contact them which I (politely) completed explaining the problem and requesting replacement or a refund.
This has still not been replied to and the only phone no. on the website just rings and rings.
I'm not too bothered about £40, but on principle don't see why I should write it off, but the main thing is how upset my g/f was and I'd prefer they replaced it.
Any ideas what I can do?
Anyway, she rang me yesterday after it was delivered, in tears.
When she brought it home I couldn't believe the state of it despite being totally incased in a sturdy box.
For starters it was a single stem when I'd ordered a twin stem, the stem was broken in 2 places and of the 4 flowers on it only 1 was ok, the rest looked like they'd been savaged by a cat.
On their website is a form to contact them which I (politely) completed explaining the problem and requesting replacement or a refund.
This has still not been replied to and the only phone no. on the website just rings and rings.
I'm not too bothered about £40, but on principle don't see why I should write it off, but the main thing is how upset my g/f was and I'd prefer they replaced it.
Any ideas what I can do?
Simpo Two said:
Apart from the stem issue, the rest seems to be down to rough handling in transit, which is unlikely to be the sender's responsibility.
Not sure I agree. If it was damaged whilst under the care of your GF, then yes it's her fault but if it was delivered damaged then surely the senders are at fault as they have the contract with the delivery company. Simpo Two said:
Bursting into tears seems a bit OTT though.
Keep calling and sending e-mails.
Agree entirely, although if no-one is answering you're on a hiding to nothing really.Keep calling and sending e-mails.
Might be worth asking your Credit Card Co for advice in the event the senders fail to respond. Lodge some sort of notification with them now, so that if you feel obliged to cancel the charges after a few days of inactivity on behalf of the senders, you'll at least have some history to back up your claim.
Simpo Two said:
Apart from the stem issue, the rest seems to be down to rough handling in transit, which is unlikely to be the sender's responsibility.
Bursting into tears seems a bit OTT though.
Keep calling and sending e-mails.
Until you recieve it , it's the senders responsibility. So damaged in transit is down to them, only if the GF smashed it up on receipt are they not liable.Bursting into tears seems a bit OTT though.
Keep calling and sending e-mails.
And yes, bursting into tears, I feel a FFS coming on....
FFS.
Mars said:
if it was delivered damaged then surely the senders are at fault as they have the contract with the delivery company.
They do, but it would be the delivery company's liabiity and so any claim would have to be made to them by the sender.Put yourslef in their position. If you post something to somebody (say, an eBay sale) and you take reasonable steps to pack it securely, and it still arrives damaged, do you take the blame? Nope!
Simpo Two said:
Mars said:
if it was delivered damaged then surely the senders are at fault as they have the contract with the delivery company.
They do, but it would be the delivery company's liabiity and so any claim would have to be made to them by the sender.Put yourslef in their position. If you post something to somebody (say, an eBay sale) and you take reasonable steps to pack it securely, and it still arrives damaged, do you take the blame? Nope!
Simpo Two said:
Mars said:
if it was delivered damaged then surely the senders are at fault as they have the contract with the delivery company.
They do, but it would be the delivery company's liabiity and so any claim would have to be made to them by the sender.Put yourslef in their position. If you post something to somebody (say, an eBay sale) and you take reasonable steps to pack it securely, and it still arrives damaged, do you take the blame? Nope!
Simpo Two said:
Mars said:
if it was delivered damaged then surely the senders are at fault as they have the contract with the delivery company.
They do, but it would be the delivery company's liabiity and so any claim would have to be made to them by the sender.Put yourslef in their position. If you post something to somebody (say, an eBay sale) and you take reasonable steps to pack it securely, and it still arrives damaged, do you take the blame? Nope!
As regards getting the customer to pay for insurance on the goods you are sending (ebay or otherwise). Feck right off, until I accept them, they remain your problem, you want insurance on goods you are sending? Pay for it yourself.
Strictly speaking, perishable goods don't fall under Distance Selling regs, but you should still have recourse against the trader for the damaged vase etc.
Basically, they should refund you and go after the courier company for reimbursement, as your contract is with the company, which has been fulfilled (you've paid for the goods and they've shipped them to you), and their contract is with the courier, being that they've paid the courier to deliver the goods undamaged, and they have failed to do this.
If they aren't picking up, and are a registered company - you could always pursue a lead through Companies House for the MD's name, or a registered address for it - see if there are any differences.
If they still don't play ball - you could always attempt recompense through Moneyclaim... I understand £40 isn't a huge amount, but the principle is sound!
Basically, they should refund you and go after the courier company for reimbursement, as your contract is with the company, which has been fulfilled (you've paid for the goods and they've shipped them to you), and their contract is with the courier, being that they've paid the courier to deliver the goods undamaged, and they have failed to do this.
If they aren't picking up, and are a registered company - you could always pursue a lead through Companies House for the MD's name, or a registered address for it - see if there are any differences.
If they still don't play ball - you could always attempt recompense through Moneyclaim... I understand £40 isn't a huge amount, but the principle is sound!
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