Calling all 'barrack room lawyers'...
So... I ordered a bag from Cocosa.com. Quite a nice DKNY overnight style bag at a good clearance price. Everything is cool, the order is accepted, the bag despatched and I await delivery. Needless to say delivery was not actually a delivery, more a notification about some guy popping around deciding that it's all too complicated to deliver so leaving a card and then me going to find the office and picking it up... that kind of 'delivery'. But enough about my issue with courier companies in this country (at this point btw, Yodel... I love you, you are the best and allow your people to use common sense and follow the customers instructions... and deliver Saturdays... cool)
Anyway. I open the package and look at my lovely, shiny new bag. Only it is not my lovely, shiny new bag... it is my receipt for my bag but it is another DKNY bag. A nice bag, but not the bag I ordered.
I write, politely to Cocosa. They respond, politely. They say I ordered a bag and they delivered one. We exchange photos of the two, very different, bags! They concede, an error has been made.
They say they need time to 'investigate'. I give them a week. Then I send a note asking how they are proceeding with their investigations. I receive nothing. I give them four or five more days and then write again, somewhat more strongly and explaining how much I look forward to seeing my bag... the one I ordered.
Today (I think they deal with customer complaints at the weekend!) they write and tell me. Sorry for any error but they have checked and their records show a bag was ordered and delivered and signed for. I note, politely but forcefully, they should review the earlier emails. I receive a second email. This one notes. They cannot supply the item ordered as they have no stock. The item I have, if I do not want it, I should return. They suggest I take it to the post office and return it, but they will provide a label!
At this point, somewhat narked I note...
I'm afraid this is still unacceptable.
I will be flying out of the country at midday on Tuesday. I will be unable to return the unsolicited item delivered to me in error before I return in August. I do not have the luxury to take time from my schedule to send this unsolicited item back to Cocosa. If I do, then I will be presenting Cocosa with an invoice for my time. My rates are currently £75 per hour or part thereof plus VAT.
It would seem more sensible for Cocosa to arrange, immediately, for a collection/courier company to attend my address on Monday 25th, at a time to be agreed with me in advance, and collect the item. If Cocosa require help with companies providing this service I will be happy to provide contact details.
I would note, there are, in law, two separate and distinct issues here.
Firstly, Cocosa have accepted an order for an item which Cocosa has confirmed has not been delivered. Nor is it possible for Cocosa to provide this item as Cocosa does not and will not have stock of the item ordered and paid for.
Secondly, Cocosa have delivered an unsolicited item. This item I do not want. This item I have not and will not pay for. I will keep this unsolicited item in storage for Cocosa, in the same condition it was delivered, until such time as Cocsa collects the item.
In regard of the first issue I require immediate refund of monies paid.
In regard of the second issue. Cocosa needs to collect the item. If, the item is not collected from me by close of business Monday 25th July I will continue to store the item, for an on behalf of Cocosa, free of charge, until August 21st. After that date I will charge Cocosa storage costs at market rates for the item until such time as the item is collected.
I strongly advise Cocosa to seek appropriate legal advice on this matter. Please pay particular heed to relevant sections of The Consumer Protection (Distance Selling) Regulations 2000, Unsolicited Goods and Services Act 1971 and the Sale of Goods Act 1979.
I will reiterate this email in writing and have it delivered to your registered address.
Now obviously I have made up an hourly rate (I wish, right!) but that's what I have agreed to contract with them at if they want my courier services. Apart from that, I look forward to hearing from them again.Cocosa have not responded thus far.
I believe, from what I know, that I am correct. I do not believe it is my responsibility to ship their item. It is not a faulty item, it is simply a random item sent by them. Whether or not it is a mistake does not detract from it being an 'unsolicited' item. Therefore it is their responsibility to collect it and their responsibility to pay for this collection. I also believe there is plenty of precedent for charging storage if they do not collect, I will be sending my storage rates to them in the letter. Further, I believe they took money from me for an item that they do not have, nor can they obtain and now they will not return that money... I can think of several words for that but I believe the varying consumer protection acts I have referred them to help clarify.
So... what do you reckon the chances are of me getting my money back and them collecting their bag?
Anyway. I open the package and look at my lovely, shiny new bag. Only it is not my lovely, shiny new bag... it is my receipt for my bag but it is another DKNY bag. A nice bag, but not the bag I ordered.
I write, politely to Cocosa. They respond, politely. They say I ordered a bag and they delivered one. We exchange photos of the two, very different, bags! They concede, an error has been made.
They say they need time to 'investigate'. I give them a week. Then I send a note asking how they are proceeding with their investigations. I receive nothing. I give them four or five more days and then write again, somewhat more strongly and explaining how much I look forward to seeing my bag... the one I ordered.
Today (I think they deal with customer complaints at the weekend!) they write and tell me. Sorry for any error but they have checked and their records show a bag was ordered and delivered and signed for. I note, politely but forcefully, they should review the earlier emails. I receive a second email. This one notes. They cannot supply the item ordered as they have no stock. The item I have, if I do not want it, I should return. They suggest I take it to the post office and return it, but they will provide a label!
At this point, somewhat narked I note...
I'm afraid this is still unacceptable.
I will be flying out of the country at midday on Tuesday. I will be unable to return the unsolicited item delivered to me in error before I return in August. I do not have the luxury to take time from my schedule to send this unsolicited item back to Cocosa. If I do, then I will be presenting Cocosa with an invoice for my time. My rates are currently £75 per hour or part thereof plus VAT.
It would seem more sensible for Cocosa to arrange, immediately, for a collection/courier company to attend my address on Monday 25th, at a time to be agreed with me in advance, and collect the item. If Cocosa require help with companies providing this service I will be happy to provide contact details.
I would note, there are, in law, two separate and distinct issues here.
Firstly, Cocosa have accepted an order for an item which Cocosa has confirmed has not been delivered. Nor is it possible for Cocosa to provide this item as Cocosa does not and will not have stock of the item ordered and paid for.
Secondly, Cocosa have delivered an unsolicited item. This item I do not want. This item I have not and will not pay for. I will keep this unsolicited item in storage for Cocosa, in the same condition it was delivered, until such time as Cocsa collects the item.
In regard of the first issue I require immediate refund of monies paid.
In regard of the second issue. Cocosa needs to collect the item. If, the item is not collected from me by close of business Monday 25th July I will continue to store the item, for an on behalf of Cocosa, free of charge, until August 21st. After that date I will charge Cocosa storage costs at market rates for the item until such time as the item is collected.
I strongly advise Cocosa to seek appropriate legal advice on this matter. Please pay particular heed to relevant sections of The Consumer Protection (Distance Selling) Regulations 2000, Unsolicited Goods and Services Act 1971 and the Sale of Goods Act 1979.
I will reiterate this email in writing and have it delivered to your registered address.
Now obviously I have made up an hourly rate (I wish, right!) but that's what I have agreed to contract with them at if they want my courier services. Apart from that, I look forward to hearing from them again.Cocosa have not responded thus far.
I believe, from what I know, that I am correct. I do not believe it is my responsibility to ship their item. It is not a faulty item, it is simply a random item sent by them. Whether or not it is a mistake does not detract from it being an 'unsolicited' item. Therefore it is their responsibility to collect it and their responsibility to pay for this collection. I also believe there is plenty of precedent for charging storage if they do not collect, I will be sending my storage rates to them in the letter. Further, I believe they took money from me for an item that they do not have, nor can they obtain and now they will not return that money... I can think of several words for that but I believe the varying consumer protection acts I have referred them to help clarify.
So... what do you reckon the chances are of me getting my money back and them collecting their bag?
Comments
Post a Comment