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I didn't order it...HELP

(27 Posts)
littlestarschildminding Mon 06-Oct-08 15:11:18

Someone sent me a table and chairs that I didn't order.....

I put them in my basket and then had to enter my address details to get the final total with delivery etc.

They have now sent me the item....

I have told them I didn't order it and they are saying that as I put my address details in I opened an account (wtf!!) and now I must pay in full or pay a 50% restocking fee....

I have told them that as I didn't order the items and have not used them that they can recollect them but that I don't owe them any money.

I have been on their website and re checked and their system is rubbish..using a bogus addy I have put some stuff in my basket and then completed the order without it telling me on screen that I was doing it...(they can't send it obv as the address is just gobbledegook)

where do I stand on this...can they make me pay for it?

How long do I have to hold the item for...eg how long do they have to collect their goods.

Thanks so much

forevercleaning Mon 06-Oct-08 15:14:16

which site is this?

littlestarschildminding Mon 06-Oct-08 15:50:17

www.nurseryschoolfurniture.co.uk

Flier Mon 06-Oct-08 15:53:24

look at their terms and conditions....

Terms & Conditions



Terms and conditions for the supply of goods through a website-business to consumer

1 The contract between us

We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.

forevercleaning Mon 06-Oct-08 16:22:03

in that case it looks like you have not entered a legally binding contract until they have been paid for.

You have not paid for them.

I still cannot make out how they cam to send them to you in the first place.

Were you ever on that site?

forevercleaning Mon 06-Oct-08 16:24:02

Just read the OP.

Right, so you were on the site and put stuff in the basket, entered some details in order to find out the cost of the P&P, and then they took it from that, that you had placed an order?

You have not confirmed an order, and expect loads of people have got unwanted stuff if thats the case.

Their problem. Definitely.

Flier Mon 06-Oct-08 16:36:09

I'd advise printing out a copy of their terms & conditions so you have it to hand.

littlestarschildminding Mon 06-Oct-08 17:25:54

Thanks Ladies...

Have printed out the T&Cs

and told them that they need to arrange collection of the items.

Lauriefairycake Mon 06-Oct-08 17:38:26

the good news is if they don't collect in 30 days it is yours I think - something to do with unsolicited goods, I got to keep 5 pairs of Silkies tights once as they sent them to me without asking.

They definitely can't make you pay for them.

littlestarschildminding Mon 06-Oct-08 17:47:47

Thought this was interesting....

It is widely thought that if you receive unsolicited goods which are addressed to you, followed by a demand for payment for the goods, you are required to return the goods or make them available to be collected. This is not the case. The law was changed from 1 November 2000. Prior to that time, you were required to give notice to the sender, requiring them to collect the goods within 30 days, or otherwise to wait for 6 months, before being able to treat the goods as your own property. As the law stands now, you have no obligation to return unsolicited items or to pay for them and can treat them as your property on receipt. Under the Unconditional Goods and Services Act 1971, as amended, it is an offence for anyone to send unsolicited goods and then to demand payment for them, or to demand payment for an unsolicited entry in a trade directory.

If you receive goods you did not order, followed by a demand for payment for them, you should consider reporting the sender to your local Trading Standards Officer. If the supplier persists in demanding payment, a solicitor’s letter often proves very effective.

I have told them to arrange collection within 7 days..can't store them for long as are huge!!

nannyL Mon 06-Oct-08 17:51:04

why dont you just keep them?

as they hae sent them to you the have become yours

Lauriefairycake Mon 06-Oct-08 17:57:04

keep them. That'll teach them to stop their sharp practise of demanding money. I wouldn't normally advocate this but they really can't be allowed to do this.

forevercleaning Mon 06-Oct-08 18:16:02

thing is if she keeps them now, she will be charged and then they can persue her for it.

When they were delivered, surely you signed for it? Whey did you accept the delivery and not say to the driver that you didnt order them, and he would have to have taken them back.

Lauriefairycake Mon 06-Oct-08 18:19:12

they can't charge her if they don't have her credit card details though and according to the trading standards website they can't pursue her for them either.

littlestarschildminding Mon 06-Oct-08 18:20:09

My neighbours signed for them while I was out.

I had also ordered lots of other stuff as was ordering lots of CM stuff stuff so probably would have signed for them even if I had been in thinking that it was something I had actually ordered.

I don't want to keep them....I don't need them. Infact they are driving me mad as I am going to be falling over them until they are collected.....GRRR

forevercleaning Mon 06-Oct-08 18:21:24

I see where you are coming from laurie but what happens if she has signed for receiving the stuff?

Surely they can get the money that way?

Lauriefairycake Mon 06-Oct-08 18:25:07

No, not as far as the info on trading standards says. Yes, you can refuse goods if you know what they are - but if you're anything like me you sign for a dozen parcels of ebay shite stuff every week wink in brown paper packages that you don't know what it is til you open it up.

That silkies place was taken to court for sending unsolicited tights (in a standard padded envelope).

forevercleaning Mon 06-Oct-08 18:35:11

i remember silkies (always dreamed of having a pair but could never afford them)!

Lauriefairycake Mon 06-Oct-08 18:40:22

neither could I. I sent off for a free pair and they sent me it and then a month later they sent me half a dozen pairs and an invoice.

I never even took them out the packet grin think they're in the loft as I was expecting them to pick them up. That was 5 years ago. Maybe I should open them now.

forevercleaning Mon 06-Oct-08 18:43:58

yeah, i reckon you are safe to get em down grin

forevercleaning Mon 06-Oct-08 18:44:30

didnt mean that to read like it sounds by the way. Get them down from the loft I mean.!

Lauriefairycake Mon 06-Oct-08 18:47:23

LOL grin

lou031205 Mon 06-Oct-08 18:52:25

I may be wrong, but I think that unsolicited goods will not help you here, as you did put the items in your basket, despite not completing the order.

Thankfully, you are covered by the Distance Selling Regulations:

The Distance Selling Regulations apply to both goods and services, where the contract is made without any face-to-face contact between supplier and consumer.

• Certain goods and services are exempt from all or part of the Regulations.

• The Office of Fair Trading, Trading Standard Departments of local authorities in England, Scotland and Wales www.tradingstandards.gov.uk and the Department of Enterprise, Trade & Investment in Northern Ireland (www.detini.gov.uk) are the designated enforcement authorities for these Regulations.

The main provisions of the Regulations are that:

• Consumers must be given clear information about the goods or services before buying;

• Goods must be delivered within thirty days unless agreed otherwise;

• Consumers have a cooling off period in which they can withdraw from the contract for any reason. The cooling off period begins as soon as the order has been made. In the case of goods, it ends seven working days after the day of receipt of the goods. In the case of services, it ends seven working days after the day the order were made. If the consumer agrees to the service beginning within the seven days, the right to cancel ends when the service starts; and

• Where consumers notify the supplier in writing or another durable medium that they wish to cancel the contract, they must be refunded within 30 days all money paid.

The Regulations do not apply to:

• business-to-business contracts

• financial services sold at distance. These are covered by the Financial Services (Distance Marketing) Regulations.

• contracts for the sale of land – although the regulations DO apply to consumer rental agreements

• products bought from vending machines

• goods or services bought at an auction with an auctioneer

from here

The only issue there is if they class you as a business, as you were ordering as a childminder?

lou031205 Mon 06-Oct-08 19:01:37

Hmm, just looked at their site. I would say two things

1) The site in no way implies that you have to be in the 'business' of childcare to order the goods. So, WRT my last point, it would surely be down to them to prove you were ordering as a CM rather than an individual.

2) 4 Right for you to cancel your contract

4.1 You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the day after the date you receive the ordered goods. You do not need to give us any reason for canceling your contract nor will you have to pay any penalty.
4.2 To cancel your contract you must notify us in writing.
4.3 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
4.4 Once you have notified us that you are canceling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order.
4.5 If you cancel the contract but do not return the goods to us in the condition they were in when delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.

It would seem that the quibble is two-fold. I would think that they don't want to pay the collection fee. So, you have two choices,

a) Send a letter cancelling your order under the Distance Selling Regs, and pay using the cheapest courier ?Ebay £6.95.

b) Write to them saying that you did not complete the order and simply changed your mind about the items, and as they clearly state in their terms and conditions that no contract is formed until payment is made, then they must correct their own error. Then sit it out, knowing that they don't have your credit card details to charge you. Follow the unsolicited goods legal process. To the letter.

I hope they sort it out for you. Contacting your local Trading Standards Office for advice can be very helpful - they may even assist you with it by contacting the company.

littlestarschildminding Mon 06-Oct-08 19:13:15

I still didn't place the order, so according to their own t&Cs we haven't entered into a contract.

The distance selling regs aren't going to cover me as the items were put into the basket on July 7th...so way way more than 30 days ago! I have also had them stored for more than 7 days (they came from a manufacturer rather than a retailer and they didn't come with an invoice and it has taken them ages to send the invoice. I contacted the manufacturer who were unable to pass on any details for me...) I got the invoice today and contacted them 1 hour later!!

This is clearly as mess up of their system that they don't want to take responsibility for. I really don't see why I should be financially liable.

If I put items in my basket on tesco,com and they sent them by accident..I certainly wouldn't expect to pay for them!

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