Company refusing to send me ordered goods.

[GulDukat]

Hi,

Having ordered several items of bathroom furniture from an on-line retailer, I have hit a problem.

They delivered several items correctly, but in one case they delivered the wrong item. I'm left with an item I didn't order, and without the item I wanted.

Now they are demanding that I go through their "returns" procedure for the incorrect item, and actually order the item I wanted again. This seems highly irregular.

My position has been that they are in clear breach of contract, having not even fulfilled the basics. They have not sent me the goods I have ordered, and have no intention of doing so, incredibly.

Why on earth should I go to the trouble of posting back a sizable parcel and completing an on-line returns process? Why can they not just send me the item I ordered and collect the item THEY posted to me incorrectly?

Has anyone been made to do this before?

[Rhothgar]

Re: Company refusing to send me ordered goods.

Not via Amazon Marketplace by any chance?

I would say it is not irregular if that is the process they want you to follow. However, you should not be out of pocket for any costs attributable in returning the item by their failure to send correct item in the first place.

You say that they have no intention of sending you the correct goods. Why would you think that is the case? It just sounds as though they have a set procedure to go through their end.

If the item is of significant value, I would expect you to return it before dispatching the replacement item under normal circumstances but if your case was exceptional and you approached us is a friendly manner then we would bend our rules if we saw fit.

[teaboy2]

Re: Company refusing to send me ordered goods.

Returns procedures are pretty much standard practice for most retailers online and it is likely in there terms and conditions, that you are required to follow said procedure in order to return goods that are faulty, not what you order, or to return items should you wish to cancel your order in full or in part under distance selling regulations. The return procedure involves filling out a small form and submitting it to the retailer, normally the form is online based. This then enables the online retailer to process your return, issue you a return order number, and arrange for a courier to collect the items. They then keep a record of your submitted return, return order number form and document associated with the return order number (They normally send you a copy of this for you to place on the packaging of the item to be collected) and invoices for the courier arranged to collect the item for accounting purposes.

So they are not refusing to refund you or collect the items wrongly sent to you and replace it with the right item you ordered, they are merely asking you to full fill a contractual obligation that you are likely have an obligation to do in there terms and conditions, so that they can then carry out their obligations to you. If you refuse to comply with what is likely an contractual obligation placed on you in there terms and conditions (Which is what makes up the terms and conditions of the contract of sale) then you would be in breach of contract, not the retailer/seller. And distance selling regulations would not apply, as the online retailer has already said they would refund/replace and collect or allow the return of the item once you have competed the return form and submitted it to them.

Its basically standard practice and is perfectly reasonable and logical to have such forms and to request they be completed by the customer. Therefore your unwillingness to fill in the form would likely be seen as unreasonable, especially when it will likely take you less than 5 minutes to complete the form, so asking you to filling the form is not a big ask.

Also the completion of the return form and the placing of a return reference number form on the package your returning allows the retailer to scan the bar code to identify the item as being returned by you, or they may use the refund number to manually identify the item as being from you.

10 years ago, i worked in the motortrade for a firm called motosave, now called Wilco Motosave. Back then when a customer wanted to return an item, the policy was we would only accept returns if the customer provided his name address and contact phone number and also signed the return form once printed out. Its no different to submitting an online return form, apart from no signature being required.

Its also important to note that distance selling regulations only apply where you wish to cancel the order in full or in part, and you only have 7 days from the date after receive the items. Also just in case you were considering going down the unsolicited goods route, that also would not apply as that only applies where you never ordered anything and the goods turned up without you even expecting them, or where you had not committed to ordering from the company that sent them, so unsolicited goods does not apply to goods wrongly sent.

[wales01man]

Re: Company refusing to send me ordered goods.

Having been on both sides as a Retailer and a Customer I can assure the OP that at the moment unless the item they have received by mistake is of a considerable greater value than the undelivered item the retailer at the moment has the upper hand .
Remember they have the item the OP wants and their money and it seems consumer law

[CleverClogs]

Re: Company refusing to send me ordered goods.

Remember they have the item the OP wants and their money...

Also remember the First Rule of Acquisition.

[Galahad]

Re: Company refusing to send me ordered goods.

Also remember the First Rule of Acquisition.

OP is a Cardassian not a Ferengi..... I'll get my coat!