Post by Mike McMillan Post by J. P. Gilliver (John) Post by Jenny M Benson Post by Penny
As someone else pointed out the other day, your contract is with the
vendor. You paid for something and did not receive it. It is not your job
to chase the carrier. Just ask for your money back from the company who
failed to supply what you have paid for. If they won't play ball and you
paid by card or via Paypal, get them on the case.
I told DHL that I knew their contract was with the vendor and that was
not claiming any recompense from them (DHL). As JDE had said at the
start "DHL say they delivered it so you have no claim" I just asked DHL
to admit to JDE that they had not "safely delivered" it so that I could
get reimbursement from JDE.
JDE are, IMO, wrong. Your contract is with JDE; if it isn't delivered,
that's JDE's problem. If DHL are being awkward, it's up to JDE to sort
it out with them - not you. DHL's contract is with them - not you.
(I've never heard of JDE, but that's not relevant to the above.) If
there's any sort of refund process in place (like ebay and I think
Amazon do), start it, if nothing happens soon. But don't accept any part
of it as binding.
(At worst, your credit card company - assuming you used one - are
jointly liable, and will help you if it comes to it - but they're
understandable reluctant to get involved, so will probably ask you to
pursue it with the seller first, possibly even asking you to obtain a
But very true nonetheless, as stated you purchased goods from a company and
paid for them; they chose the means of getting those goods to you but
failed to ensure they reached you in a timely manner (legal term that!),
thus, they have broken their contract with you and should rectify or
re-imburse, either way with profuse apologies. The company has a contract
with a carrier who failed to execute the delivery to you; not your problem
- it is a contract between supplier of goods and the supplier of services
that failed. Go get them Girl!
Perhaps I might take this opportunity to stand on my soap box for a few
(maybe quite a few) moments. If I am dealing with a company who behave in a
similar manner to that which you have experienced, all they manage to do is
encourage me to dig my heels in deeper - I have always ‘won’ my case.
(Drives Mrs. Toodles mad sometimes!!!) There is not only goods, a sum of
money or a contract that has failed to satisfy me, but there is a principle
at stake and it usually is dressed in day-glow colours, hovers in mid-air
and hums loudly until I get satisfaction!!!!! I recently bought some hard
discs for my NAS and there were two versions and the newer one was more
expensive but looked like it would ‘future proof’ me for longer. (It had
vibration detecting sensors built in and a few other features that I didn’t
have an absolute need for just now but could be useful one day); I opted to
pay the extra for the drives but, when they arrived, they were the previous
generation of hard disc (but still adequate for the job). I contacted the
‘fulfiller of the order’ no name, no cordless drill but you don’t have to
go far in the alphabet to find them. I explained what had happened and they
said that they were not empowered to refund more than £20, would I like to
contact the actual supplier? I did so and explained again, they could see
what had happened and refunded me £96 which was slightly more than the
difference in the price for the four drives. Incidentally, this all
followed on from a previous company who ‘seemed’ to have all four
consignments by various carriers stolen en route. I obtained a full refund
from them too. I think I have probably mentioned my various run-ins with
Grittish Bas, Lloyds Bank and a few other organisations where I experienced
that day-glow, hovering hummer.
Toodle Pip, Mike McMillan