Refusing a delivery.... Outcomes ?

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Hi

Firstly, this has nothing to do with Ocuk, and i won't be mentioning any competitors.

Ok... I placed an order with a company for some PC bits about 4 weeks ago Eventually after me pestering them about the bank transfer for payment they said the order would be despatched asap. Then on monday 'despatched appeared' on their website, so i waited all week.

Got an email from them on friday saying that parts have been despatched from the supplier and all orders will be fulfilled by friday the 22nd. Im off to uni on the saturday (23rd) so there will not be anyone at home to recieve the delivery when itl probably come.

Ive had enough and will be ordering from ocuk at the beginning of the week for the same order, as i know they can be trusted. If this other delivery comes and i refuse to sign for it what will happen ???

Will it eventually go back to company and be cheaper than accepting it and sending back under distance regulations which i will obviously have to pay for. Any advice will be much appreciated

 

[hyper_piper45]

I think if you you don't accept it it will be taken back and you will get a refund. If you accepted it you would have to pay for the return shipping.

However i think some places charge a re-stocking fee. Hopefully someone else will know a bit more, but it might be dependant on the company, and you can't mention competitors so....

 

[kinggost]

every company diff but you normally do get a restocking fee and they refund you minus the postage cost but as i say every one diff

 

[Nami]

If, when you bought the PC online, you were given a date that you should receive this PC and it did not arrive by this date, then the company in question is in breach of contract. You can tell them this, and you are within your rights to cancel the order at no expense to yourself.

If I've misunderstood your situation then let me know, but I think you'll be fine to phone them and tell them to PO

 

[FunkyCowie]

I have had drivers not even bothering to ring the bell, they just parked up outside and left as if they couldn`t be bothered to deliver. This has happened to me with city link on 2 occasions with other companies and once with OCuk. OCuk and the other companies did not charge because it was the failure of the courier... you could use this as your excuse and the company might be obliging.

 

[Tetras]

Your within your rights to cancel any order through distance selling regs at any time up to 7 days from delivery, you can't be charged a restocking fee.

Not sure if refusing delivery comes under that but your still returning brand new, unused items so I don't think they are allowed to charge.

 

[Explicit]

Will it eventually go back to company and be cheaper than accepting it and sending back under distance regulations which i will obviously have to pay for. Any advice will be much appreciated

If it was me, I would accept the delivery and then proceed to cancel the contract under s.10 of the Consumer Protection (Distant Selling) Regulations 2000. The reason why I say this is because you have to provide written notice within 7 days of receiving the goods in order to cancel the contract. If you simply let the courier take it back, you haven't provided written notice.

Written notice can be provided by letter or email. Telephone is not acceptable. If sending a letter, use Recorded Delivery for evidence reasons. You should make it clear in the letter that you are exercising your statutory right and cancelling the contract under s.10 of the Regulations. Print two copies of the letter, keep one for yourself and the other is the one which you send to them.

I should also mention that the 7 day "cooling-off" period commences on the day after you receive the goods. You say that you will not be able to take delivery on Friday. Suppose you take delivery on Monday. So, your 7 day period starts on Tuesday. Also note that the "cooling-off" period is counted in working days only.

Also, it would be better if you didn't open the goods as you are more likely to be able to return them as they're still new as opposed to opened and used i.e. it works in your favour if the goods are unopened.

There are some exemptions which prevent you from relying on the Regulations. The two most relevants ones to you are 1) Whether the goods were specially customised to your requirements 2) Whether the product in question is computer software which has been unsealed. If so, you cannot rely on the Regulations.

If you have any problems at all, any questions or if the company is refusing to honour your consumer rights, get in touch with Consumer Direct. If they feel you have a valid case, they will pursue it further with Trading Standards. If it gets really messy, you may have to go to a small claims court. So, keep your evidence ready.

http://www.consumerdirect.gov.uk/complaints.shtml

All the best.

 

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Awww thanks for the advice lads.

If it was me, I would accept the delivery and then proceed to cancel the contract under s.10 of the Consumer Protection (Distant Selling) Regulations 2000. The reason why I say this is because you have to provide written notice within 7 days of receiving the goods in order to cancel the contract. If you simply let the courier take it back, you haven't provided written notice.

Well the delivery MIGHT come this week, but as the email said that orders will be fullfilled by the 22nd, then it seems to me that they should all be despatched by then. Im the only one at home atm, so when i leave on saturday, no one will be around to collect the delivery the week after.

A restocking fee wouldn't particularly matter as one of the components isn't really needed anymore, and il get it a lot cheaper elsewhere (ocuk). I'm just ****** off as i knew that i had 3 weeks before uni to build myself and my brother an E6300 rig which would both be overclocked and tested within 1.5-2 weeks depending on all the deliveries, now im trying to sort things out, and will probably have x2 incomplete pc's before i go back to uni

Problem is, if i accept the delivery i will have to take the package back to uni with me and post it back from there using a courier. Pain in the backside.

@Nami, they usually say that goods are shipped within 4-7 days. It's 4 weeks this tuesday ! Il read through the terms and conditions again, but i don't remember seeing a 'within reasonable time clause'. it just said something about delays

Well to tell you the truth, i can do a lot more damage to a company than the £20 i will lose on delivery and possibly restocking fee. I said in my email about guarenteeing delivery on monday or tuesday otherwise i demand cancelling the despatch and delivery of the order, should i send another email lunchtime monday if i still haven't recieved a reply from customer services and complaints informing them about my disgust and ordering from another company ??

cheers

 

[Explicit]

Problem is, if i accept the delivery i will have to take the package back to uni with me and post it back from there using a courier. Pain in the backside.

Well, another option is to accept the delivery and let that be the end of it. Why go through all that hassle to return the goods if you're simply going to order the same ones from OcUK, if you catch my drift

If you don't mind me asking, did you spend a lot with the company? How much will you save by ordering with OcUK?

I said in my email about guarenteeing delivery on monday or tuesday otherwise i demand cancelling the despatch and delivery of the order, should i send another email lunchtime monday if i still haven't recieved a reply from customer services and complaints informing them about my disgust and ordering from another company ??

Interesting from a contractual point of view. You appeared to have made it a term of the contract that the delivery be despatched on Mon/Tue. Well, they've breached that term. Yeah, so email them and tell them. Insert a "time is of the essence" clause. In the email, tell them you expect a reply within 7 days, otherwise you will be pursuing the case with Trading Standards. Just make it seem like you mean business, otherwise they'll walk all over you.

Get in touch with Consumer Direct, it's free by email.

 

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Well, another option is to accept the delivery and let that be the end of it. Why go through all that hassle to return the goods if you're simply going to order the same ones from OcUK, if you catch my drift

If you don't mind me asking, did you spend a lot with the company? How much will you save by ordering with OcUK?

Well i need to build my bro's rig before i leave for uni on sat (23rd). Plus i need to build mine too, and if the delivery does come after the 23rd then no onw will be able to collect it. parents at work, and siblings at school, so it would go back to the company anyway. That's what it looks like atm.

Well if it did come on friday, then that means i have probably half a day to assemble my bro's rig, and get it stable, plus install all the this returners (freshers stylee week) at uni gettin gmy PC working.

Interesting from a contractual point of view. You appeared to have made it a term of the contract that the delivery be despatched on Mon/Tue. Well, they've breached that term. Yeah, so email them and tell them. Insert a "time is of the essence" clause. In the email, tell them you expect a reply within 7 days, otherwise you will be pursuing the case with Trading Standards. Just make it seem like you mean business, otherwise they'll walk all over you.

Get in touch with Consumer Direct, it's free by email.

Ye, i said the time period (4 weeks) is unreasonable and ridiculous, and i want and need the delivery, otherwise no one can accept it, and it will go back to them anyway Plus i would automatically ask for a refund immediately and not ask for another delivery address, because of the stupid time period for delivery.

I jsut need the parts to build these rigs, and will gladly duplicate the order from ocuk so i could get the parts tues/wed and have a few days to sort out these pc's. But i still think i on;t get the delivery until after i have left for uni.

If they have put (despatched) on my account and have left the 'courier' and 'tracking number' fields as will follow then it seems that the parts have been despatched from their supplier to them which will require further packing and sending. Thus, the despatch status on their website is misleading and has made the 'cancel' option on the disappear, thus preventing me from cancelling and trapping me into accepting the delivery.

Im jsts very frustrated and have had enough. Ive had every other part for the rigs sitting here for over 2 weeks, and all i need is a PSU and molex -> pci-e adapter to allow me to use my old psu with the gfx cards too.
I have never recieved such awful service. Their reply to emails has sometimes been quick, but every answer has been vague and said 'we will investigate with xxxxx' rather than giving me a proper answer.

n.b i can't type for **** on my housemates crap old m$ keyboard covered in frog stickers don't ask.

edit.... Their phone number didn't work for 3 weeks. Now it works and it just rings and rings ith no one picking up!

 

[Explicit]

Oh right, I see why you need the parts before Friday. Well, since they have not "really" despatched your parts yet, I don't see why you can't cancel the order. Just send them a quick email and tell them that you're cancelling your order and you want a full refund. Mention that you're cancelling the contract and will not accept delivery etc etc. It's really quite sneaky of them to remove the cancel button by sending a "fake" despatch note, scums.

 

[sprognak]

If you cancel under the consumer regulations for distance selling 7 day cooling off period, you are only liable for the cost of sending the gear back. Don't be fooled by a "restocking charge". If you return under the distance selling regulations you are entitled to a full refund minus the cost of shipping.

Did you buy these goods using a credit card? If so, the process is quite simple. Inform the company by recorded delivery that your reason for not accepting the goods is that they are late and your legal justification is the distance selling regulations. Then call your credit card company and explain what has happened. Ask them to put a note of it on the file. (Refuse the goods if/when they arrive)

Give the company 7-14 days (tell them how long they have in the letter) to offer a full refund. If you hear nothing, contact the credit card company again and tell them you are disputing the payment as you have not received the goods. They will immediately refund you.

You then have your money, and the company that is trying to screw you has a BIG bank on their back...

 

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Oh right, I see why you need the parts before Friday. Well, since they have not "really" despatched your parts yet, I don't see why you can't cancel the order. Just send them a quick email and tell them that you're cancelling your order and you want a full refund. Mention that you're cancelling the contract and will not accept delivery etc etc. It's really quite sneaky of them to remove the cancel button by sending a "fake" despatch note, scums.

Ye, here's the email i got late on friday:

Thank you for your order and apologises for the delay. We do thank you for your patience during this very busy period. All outstanding orders will be fulfilled by Friday 22nd September. All those already marked as despatched have done so from our supplier and shipping information will be sent as soon as it is available. We again thank you for your custom and patience.

Despatched from their supplier, so they put the status on their site as already despatch. Your right there explicit.... Scum.

Did you buy these goods using a credit card? If so, the process is quite simple. Inform the company by recorded delivery that your reason for not accepting the goods is that they are late and your legal justification is the distance selling regulations. Then call your credit card company and explain what has happened. Ask them to put a note of it on the file. (Refuse the goods if/when they arrive)

Unfortunately, no. Im still a student and i hate credit cards, so i only have a debit card. Also here is a snippet from terms and agreements:

4. OUR Rights to Substitute or Cancel.

1. WE will use all reasonable endeavours to deliver to YOU the GOODS ordered under this contract.
2. WE will aim to deliver the GOODS YOU have ordered as soon as is reasonably possible, however, WE DO NOT guarantee that WE will deliver the GOODS within our specific time if products are not available.
3. WE will notify YOU within 30 days of payment whether or not WE will be able to deliver the GOODS YOU have ordered to YOU.

No.2 seems to be pretyy vague unfortunately, but surely i have some comeback with the fake despatch status they put up.
No.3 they notified me on friday that they will deliver the goods on or after the 22nd, exactly 30 days after i placed the order.

Hmmm. im still not happy, but im thinking about placing a duplicate order with ocuk tomorrow so i actually have the goods by wed/thurs. If this company deliver my parts by friday then il sort out their return under the distance selling regulations. If not... and delivery is attempted and will subsequently fail next week, going back to them, then i presume il have to sort this out directly with them and or trading standars/ other helpful bodies.

Thanks a lot everyone for your input, anymore advice that could give me ammunition against will be much appreciated. Screwing me around is not a good idea, now naming and shaming wll be in order

 

[Kamakazie!]

surely, if they haven't dispatched the good (like they said they had) then just phone up and cancel the order?

 

[MuSsEr]

don't even bother with trying to refuse the delivery or anything just ring the company and tell them you don't want the stuff coz theyr taking too long, its then their problem how it gets back to them and whetehr the courier tries to deliver the stuff or not

if you don't have the stuff and you tell them you don't want to have it they have to refund you...

and if they don't, let me speak to em for you, lol

 

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don't even bother with trying to refuse the delivery or anything just ring the company and tell them you don't want the stuff coz theyr taking too long, its then their problem how it gets back to them and whetehr the courier tries to deliver the stuff or not

if you don't have the stuff and you tell them you don't want to have it they have to refund you...

and if they don't, let me speak to em for you, lol

Haha i know, il try that this afternoon as they still havent replied to my 2 emails sent friday afternoon.

surely, if they haven't dispatched the good (like they said they had) then just phone up and cancel the order?

Ive tried, the phone jsut keeps rining until BT answer picks up