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Internet purchase - partial delivery.

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UK and Europe
Published
12 September 2005
Last activity
24 September 2005
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Nick
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  1. I recently attempted to buy two pairs of cycling shoes from chainreaction
    cycles. Uncertain which size would best fit me I ordered two pairs one size
    apart so that I could be sure one pair would fit. I checked that both sizes
    were available on the website and received a confirmation that my single
    order (both pairs) had been placed and would be dispatched in a couple of
    days.

    However a week or so later I received just one pair of the shoes and shortly
    afterwards was told that the other size was unavailable and had been
    discontinued and hence would not be delivered. My Visa card has been charged
    only for the one pair of shoes delivered.

    I checked the terms and conditions of www.chainreactioncycles.com and they
    made no mention of partial delivery.

    So I wrote to chainreaction asking that my money be refunded as they had not
    completed our contract for the delivery of two pairs of shoes. I stated that
    they could arrange collection of the unwanted shoes. They have refused to
    refund my money and state that I must first return the shoes and presumably
    bear the cost of return post. Returning the shoes is more effort for me than
    it is worth. I also feel that they should bear the organisation and cost of
    return as they could easily have avoided the problem by confirming that I
    was willing to continue with just a part of our original transaction.

    What is the law. Are online retailers free to deliver (and charge for) any
    subset of an order that they choose?

  2. Provided you give them notice within seven days of delivery you can return
    them for a full refund but you have pay the return carriage if the goods are
    not faulty. Do a Google search for distance selling regulations for more
    details.

    --
    Peter Crosland


  3. Quoted message said:


    What is the law. Are online retailers free to deliver (and charge for) any
    subset of an order that they choose?

    Not sure about the law...but in my experience it is common practice to send
    partial orders
    and I am happy to receive partial orders as they often are more of a help
    than a hindrance.
    Just today I recieved a pair of brake blocks from Wiggle. The matching pair
    were received
    last Thursday.

    A quick search of the Wiggle site says:

    who pays the postage on returned items?
    if you're returning something because it doesn't fit or it's not suitable,
    you'll need to pay the postage costs to return it to us. If you'd like us to
    replace the goods with another size or colour, we won't charge you for
    carriage on the replacement.

    Looks like you'll have to cough up

  4. "vernon" <[email hidden]> wrote in message
    news:[email hidden]...

    Quoted message said:


    Quoted message said:


    What is the law. Are online retailers free to deliver (and charge for)
    any
    subset of an order that they choose?

    Not sure about the law...but in my experience it is common practice to
    send
    partial orders
    and I am happy to receive partial orders as they often are more of a help
    than a hindrance.
    Just today I recieved a pair of brake blocks from Wiggle. The matching
    pair
    were received
    last Thursday.

    A quick search of the Wiggle site says:

    who pays the postage on returned items?
    if you're returning something because it doesn't fit or it's not
    suitable,
    you'll need to pay the postage costs to return it to us. If you'd like us
    to
    replace the goods with another size or colour, we won't charge you for
    carriage on the replacement.

    Looks like you'll have to cough up


    No it is too much trouble to return the shoes. It was never my intention to
    return the shoes that didn't fit.

    My point was that I specifically made the order expecting both pairs of
    shoes to be delivered. If they could not fill the complete order they should
    have informed me rather than deciding it was OK to send out half the order.
    A Half order that was useless to me. There was nothing to stop them
    sending me an email to confirm that I wanted half the order, which I didn't

    I was happy to pay £80 for a single pair of shoes that fitted, I'm not
    happy to pay £40 quid for no shoes that fit. If it was their policy to
    deliver half orders they should have made this clear in their terms and
    conditions.

  5. "vernon" <[email hidden]> wrote in message
    news:[email hidden]...

    Quoted message said:


    Quoted message said:


    What is the law. Are online retailers free to deliver (and charge for)
    any
    subset of an order that they choose?

    Not sure about the law...but in my experience it is common practice to
    send
    partial orders
    and I am happy to receive partial orders as they often are more of a help
    than a hindrance.
    Just today I recieved a pair of brake blocks from Wiggle. The matching
    pair
    were received
    last Thursday.

    A quick search of the Wiggle site says:

    who pays the postage on returned items?
    if you're returning something because it doesn't fit or it's not
    suitable,
    you'll need to pay the postage costs to return it to us. If you'd like us
    to
    replace the goods with another size or colour, we won't charge you for
    carriage on the replacement.

    Looks like you'll have to cough up


    No it is too much trouble to return the shoes. It was never my intention to
    return the shoes that didn't fit.

    My point was that I specifically made the order expecting both pairs of
    shoes to be delivered. If they could not fill the complete order they should
    have informed me rather than deciding it was OK to send out half the order.
    A Half order that was useless to me. There was nothing to stop them
    sending me an email to confirm that I wanted half the order, which I didn't

    I was happy to pay £80 for a single pair of shoes that fitted, I'm not
    happy to pay £40 quid for no shoes that fit. If it was their policy to
    deliver half orders they should have made this clear in their terms and
    conditions.

  6. vernon said:
    Quoted message said:

    What is the law. Are online retailers free to deliver (and charge
    for) any subset of an order that they choose?

    Not sure about the law...but in my experience it is common practice
    to send partial orders
    and I am happy to receive partial orders as they often are more of a
    help than a hindrance.
    Just today I recieved a pair of brake blocks from Wiggle. The
    matching pair were received
    last Thursday.

    You should go buy some audio cables from an outfit called Leads Direct.
    Unlike some of the other online retailers referred to in this thread, Leads
    Direct have been fully trained in the art of Operating The Telephone. Not
    only have they been trained, they are quite prepared to practice the art,
    should they find that they have less items in stock than you requested in
    your order. They don't simply phone you up, they tell you what's missing and
    when it will be available, and then ask you if you want a partial order now
    with the rest later, just the partial order, pick alternatives, or cancel
    the entire order - customer's choice, no obligation, no pressure.

    Unlike the aforementioned two-bit cowboys, I would class Leads Direct as a
    *professional* retailer who understand exactly how valuable satisfied
    customers are. Any online outfits like that in the bicycle world, or is
    second rate the best we can hope for?

    --
    Wally
    www.artbywally.com
    www.wally.myby.co.uk

  7. Nick said:

    My point was that I specifically made the order expecting both pairs of
    shoes to be delivered. If they could not fill the complete order they should
    have informed me rather than deciding it was OK to send out half the order.
    A Half order that was useless to me. There was nothing to stop them
    sending me an email to confirm that I wanted half the order, which I didn't

    Yes, it might have been helpful to you but there is nothing wrong in
    what they have done.

    Quoted message said:

    I was happy to pay £80 for a single pair of shoes that fitted, I'm not
    happy to pay £40 quid for no shoes that fit. If it was their policy to
    deliver half orders they should have made this clear in their terms and
    conditions.

    The DSR, SOGA or the law will not help you.

    --
    SBSP

  8. Quoted message said:

    Unlike the aforementioned two-bit cowboys, I would class Leads Direct as a
    *professional* retailer who understand exactly how valuable satisfied
    customers are. Any online outfits like that in the bicycle world, or is
    second rate the best we can hope for?


    IME, audio buffs are very demanding customers and to get a few minutes peace
    from
    complaints about leads being 2mm short etc, they have learned the art of the
    pre-emptive
    strike - 'Don't like it? Then don't buy it and leave us alone' is the
    unspoken subtext :-)

  9. Nick said:


    What is the law. Are online retailers free to deliver (and charge for) any
    subset of an order that they choose?

    Yes(ish).

    The fact that they were on a single overall order is irrelevant,
    because they were still separate items.

    It would not be acceptable if it were a single package, but two
    separate pairs of cycling shoes is not a single package.

    If their T&C say so, then you will be responsible for the cost of
    return of any unwanted items - The DSR do allow this.
    --
    Alex Heney, Global Villager
    I was going to procrastinate, but I put it off....
    To reply by email, my address is alexATheneyDOTplusDOTcom

  10. Nick said:


    What is the law. Are online retailers free to deliver (and charge for) any
    subset of an order that they choose?

    Yes(ish).

    The fact that they were on a single overall order is irrelevant,
    because they were still separate items.

    It would not be acceptable if it were a single package, but two
    separate pairs of cycling shoes is not a single package.

    If their T&C say so, then you will be responsible for the cost of
    return of any unwanted items - The DSR do allow this.
    --
    Alex Heney, Global Villager
    I was going to procrastinate, but I put it off....
    To reply by email, my address is alexATheneyDOTplusDOTcom

  11. Nick wrote:

    <snip>

    Quoted message said:

    However a week or so later I received just one pair of the shoes and
    shortly afterwards was told that the other size was unavailable and
    had been discontinued and hence would not be delivered. My Visa card
    has been charged only for the one pair of shoes delivered.

    I checked the terms and conditions of www.chainreactioncycles.com and
    they made no mention of partial delivery.

    Seems that the relevant parts of their T&C are...

    ----------------------------------------
    Product Availability
    CRC updates the availability of the entire stock list on a daily basis.
    Items that are 'Out Of Stock' will be displayed as such. In the rare event
    of a problem with availability of a product marked 'In Stock', we will
    contact you. You may then wish to cancel the order or wait until the item
    becomes available.

    Out of Stock Orders
    There are times when items become temporarily 'Out Of Stock', and these
    items are marked as such in the site. If you order an 'Out Of Stock'
    product, we will send out the order to you as soon as the product becomes
    available again. If we cannot source the item we will contact you to inform
    you. Your credit card will not be debited until we dispatch the product.
    ----------------------------------------

    Were both sizes of shoes shown as in stock when you placed the order? If
    they were, then they should have contacted you before dispatching the shoes
    that they did have. If they didn't do that, then they haven't stuck to their
    own terms and conditions - instead of giving you the option to cancel the
    order, they've forced you to take a partial order. I'd be on the phone to
    them, demanding to speak to a supervisor if the call wasn't going the way I
    wanted.

    Quoted message said:

    So I wrote to chainreaction asking that my money be refunded as they
    had not completed our contract for the delivery of two pairs of
    shoes. I stated that they could arrange collection of the unwanted
    shoes. They have refused to refund my money and state that I must
    first return the shoes and presumably bear the cost of return post.
    Returning the shoes is more effort for me than it is worth. I also
    feel that they should bear the organisation and cost of return as
    they could easily have avoided the problem by confirming that I was
    willing to continue with just a part of our original transaction.

    Exactly. Seems to me that they've sent you something that you didn't order
    (ie, the partial order was not what you asked for), and they didn't stick to
    their own T&C by giving you the chance to cancel. Basically, they sent the
    wrong thing, and the onus is on them to arrange and pay for return of goods
    to them.

    Throw the in stock / out of stock part of their T&C in their faces and tell
    'em to refund your dough and come and get their goods. Mention that the
    affair is already being discussed on the internet, and that casual
    bystanders are rapidly becoming unimpressed with their attitude.

    --
    Wally
    www.artbywally.com
    www.wally.myby.co.uk


  12. Quoted message said:

    Throw the in stock / out of stock part of their T&C in their faces and


    tell

    Quoted message said:

    'em to refund your dough and come and get their goods. Mention that the
    affair is already being discussed on the internet, and that casual
    bystanders are rapidly becoming unimpressed with their attitude.


    And they'll probably take the calculated risk that it will matter not one
    jot to the
    sales figures overall.

  13. vernon said:
    Quoted message said:

    Throw the in stock / out of stock part of their T&C in their faces
    and tell 'em to refund your dough and come and get their goods.
    Mention that the affair is already being discussed on the internet,
    and that casual bystanders are rapidly becoming unimpressed with
    their attitude.


    And they'll probably take the calculated risk that it will matter not
    one jot to the
    sales figures overall.

    I reckon that companies that don't know the rules they've set for
    themselves, or don't play by them, are staffed by people who are so stupid,
    they don't understand the significance of sales figures (or customers,
    turnover, salary, dinner on the table) to begin with.

    If it's staffed by cretins, [censored] 'em off and don't go back! :-)

    Pixmania? I won't be going back! ;-)

    --
    Wally
    www.artbywally.com
    www.wally.myby.co.uk

  14. vernon said:
    Quoted message said:

    Throw the in stock / out of stock part of their T&C in their faces
    and tell 'em to refund your dough and come and get their goods.
    Mention that the affair is already being discussed on the internet,
    and that casual bystanders are rapidly becoming unimpressed with
    their attitude.


    And they'll probably take the calculated risk that it will matter not
    one jot to the
    sales figures overall.

    I reckon that companies that don't know the rules they've set for
    themselves, or don't play by them, are staffed by people who are so stupid,
    they don't understand the significance of sales figures (or customers,
    turnover, salary, dinner on the table) to begin with.

    If it's staffed by cretins, [censored] 'em off and don't go back! :-)

    Pixmania? I won't be going back! ;-)

    --
    Wally
    www.artbywally.com
    www.wally.myby.co.uk

  15. "vernon" <[email hidden]> wrote in message
    news:[email hidden]...

    Quoted message said:
    Quoted message said:

    Throw the in stock / out of stock part of their T&C in their faces and


    tell

    Quoted message said:

    'em to refund your dough and come and get their goods. Mention that the
    affair is already being discussed on the internet, and that casual
    bystanders are rapidly becoming unimpressed with their attitude.


    And they'll probably take the calculated risk that it will matter not one
    jot to the
    sales figures overall.

    Yep it definitely appears that ChainReaction are this type of company.

    Oh well I guess I'll just chalk it down to experience and never do business
    with them again.

  16. "Nick" <[email hidden]> wrote in message
    news:[email hidden]...

    Quoted message said:

    I recently attempted to buy two pairs of cycling shoes from chainreaction
    cycles. Uncertain which size would best fit me I ordered two pairs one size
    apart so that I could be sure one pair would fit. I checked that both sizes
    were available on the website and received a confirmation that my single
    order (both pairs) had been placed and would be dispatched in a couple of
    days.

    However a week or so later I received just one pair of the shoes and
    shortly afterwards was told that the other size was unavailable and had
    been discontinued and hence would not be delivered. My Visa card has been
    charged only for the one pair of shoes delivered.

    I checked the terms and conditions of www.chainreactioncycles.com and they
    made no mention of partial delivery.

    So I wrote to chainreaction asking that my money be refunded as they had
    not completed our contract for the delivery of two pairs of shoes. I
    stated that they could arrange collection of the unwanted shoes. They have
    refused to refund my money and state that I must first return the shoes
    and presumably bear the cost of return post. Returning the shoes is more
    effort for me than it is worth.

    Had they supplied two pairs,(as you had ordered) then you would have been
    returning one pair anyway. If the pair they sent had fitted then you would
    have made a saving by not having to return the unwanted pair, & no doubt
    you'd have been quietly happy about that as anyone would. If you want the
    refund you'll need to pay the return carriage to send them back.
    Unfortunately Sod's Law applies as the particular pair they sent didn't fit.

    Joe Lee

    I also feel that they should bear the organisation and cost of

    Quoted message said:

    return as they could easily have avoided the problem by confirming that I
    was willing to continue with just a part of our original transaction.

    What is the law. Are online retailers free to deliver (and charge for) any
    subset of an order that they choose?


  17. Quoted message said:

    Throw the in stock / out of stock part of their T&C in their faces and


    tell

    Quoted message said:

    'em to refund your dough and come and get their goods. Mention that the
    affair is already being discussed on the internet, and that casual
    bystanders are rapidly becoming unimpressed with their attitude.


    Point them at the relevant urc thread and they will be underwhelmed by the
    vitupertion.....

  18. "vernon" <[email hidden]> wrote in message
    news:[email hidden]...

    Quoted message said:
    Quoted message said:

    Throw the in stock / out of stock part of their T&C in their faces and


    tell

    Quoted message said:

    'em to refund your dough and come and get their goods. Mention that the
    affair is already being discussed on the internet, and that casual
    bystanders are rapidly becoming unimpressed with their attitude.


    Point them at the relevant urc thread and they will be underwhelmed by the
    vitupertion.....

    I'm curious Vernon you seem to be very keen to stick up for Chainreaction
    when it appears to me that they mislead me first about the availabliltity of
    the items I ordered and also mislead me about how they handled out of stock
    items.

    So I'm left £40 quid out of pocket through no fault of my own. Don't say, I
    can return them because this would be more effort than it was worth even if
    I did still trust Chainreaction. Where as a checking email would have had
    minimal cost to Chainreaction.

    Do you think I did something wrong, apart from of course trusting
    Chainreaction to give me what I ordered?

    You may like companies to make guesses about what you want but I prefer that
    if they can't deliver their side of a contract that they check with me
    before continuing. This doesn't sound unreasonable to me?

  19. "Joe Lee" <[email hidden]> wrote in message
    news:[email hidden]...

    Quoted message said:


    "Nick" <[email hidden]> wrote in message
    news:[email hidden]...

    Quoted message said:

    I recently attempted to buy two pairs of cycling shoes from chainreaction
    cycles. Uncertain which size would best fit me I ordered two pairs one
    size apart so that I could be sure one pair would fit. I checked that both
    sizes were available on the website and received a confirmation that my
    single order (both pairs) had been placed and would be dispatched in a
    couple of days.

    However a week or so later I received just one pair of the shoes and
    shortly afterwards was told that the other size was unavailable and had
    been discontinued and hence would not be delivered. My Visa card has been
    charged only for the one pair of shoes delivered.

    I checked the terms and conditions of www.chainreactioncycles.com and
    they made no mention of partial delivery.

    So I wrote to chainreaction asking that my money be refunded as they had
    not completed our contract for the delivery of two pairs of shoes. I
    stated that they could arrange collection of the unwanted shoes. They
    have refused to refund my money and state that I must first return the
    shoes and presumably bear the cost of return post. Returning the shoes is
    more effort for me than it is worth.

    Had they supplied two pairs,(as you had ordered) then you would have been
    returning one pair anyway. If the pair they sent had fitted then you would
    have made a saving by not having to return the unwanted pair, & no doubt
    you'd have been quietly happy about that as anyone would. If you want the
    refund you'll need to pay the return carriage to send them back.
    Unfortunately Sod's Law applies as the particular pair they sent didn't
    fit.

    Joe Lee


    No I wouldn't have returned the pair that didn't fit. The time and effort
    invloved isn't worth it for £40.

    If Chainreaction had delivered my total order I would have been happy paying
    double for the one pair of shoes that fitted. I would not have returned the
    pair that didn't. I would have thought my behaviour was pretty normal?

  20. Peter Crosland said:

    Provided you give them notice within seven days of delivery you can return
    them for a full refund but you have pay the return carriage if the goods are
    not faulty. Do a Google search for distance selling regulations for more
    details.

    Doesn't the cost and time period depend on whether the firm mentions the
    DSR's appropriate incantation in their terms? Iirc if a customer's
    lucky, and the company hasn't, then you get a month and a week and the
    company gets to collect the goods. Or am I mis-remembering?

    --
    Please use the corrected version of the address below for replies.
    Replies to the header address will be junked, as will mail from
    various domains listed at www.scottsonline.org.uk
    Mike Scott Harlow Essex England.(unet -a-t- scottsonline.org.uk)

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