Did Santa fail to deliver?
30 I 12 I 10
Melanie
Watkins
Christmas is
usually a time of giving and receiving gifts. Unfortunately,
due to the pre-Christmas heavy snowfall, not everyone will have
received the gifts they ordered. So what are your rights where you
order a gift which is not then delivered?
Your rights depend on whether you
have been given a date for delivery or not and whether or not you
bought your goods face-to-face from the trader.
If the trader has given you a date
for delivery, they must deliver your goods by that date. If they
don’t, the trader will be in breach of their agreement with you and
you will be entitled to ask them for compensation.
If the trader has not given you a
proper date for delivery, unfortunately you won't be able to claim
compensation from them. However, where you have waited a reasonable
time for the goods and they still haven't been delivered, you
should write to the trader, giving a firm date for delivery,
'making time of the essence'. If the trader doesn't stick to this
date, you can then claim compensation.
Where the purchase wasn’t made
face-to-face (for example, you purchased the goods over the
telephone or via the internet) you have the right to receive the
goods within 30 days.
When you claim compensation for
late delivery, the trader may offer you a fixed sum of money.
However, you may be able to make additional claims for other losses
on top of this, such as the costs of a taking a day off work while
you were waiting for goods which didn't arrive.
As well as
claiming compensation, you may also be entitled to cancel your
order and get your money back. However, if the trader doesn't agree
to do this, you may have to go to court to try and get your money
back.
If you
are unsure what your rights are when purchasing goods or to find
out more information about your consumer rights, go to
Hugh James Online
Hugh
James Online offers free information on your consumer rights,
including your rights when buying items and what to do if your
purchase goes wrong, or if you are put out of pocket in any
way.
For further information
Head of Online Services
E melanie.watkins@hughjames.com
T 029 2078 5965
