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I ordered an X Box on Dec 10th which had not arrived by 20…

I ordered an X Box...
I ordered an X Box on Dec 10th which had not arrived by 20 Dec. I rang the suppliers who said that it had been delivered and signed for, but would not give me the name of the person who signed for it or the address to which it was delivered.

I believe my "contract" to be with the supplier and, consequently, feel that they have a responsibility to retrieve the present from whoever signed for it and redeliver it to me. Am I right?

Please advise how I can receive satisfaction.

Thank you.

John Fowle
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Answered in 11 minutes by:
1/2/2011
Daniel Smith
Daniel Smith, Daniel Smith
Category: UK Law
Satisfied Customers: 4,035
Experience: JustAnswer
Verified

Hi John. Thanks for your question. I will try and assist you with this.

 

The supplier will have an obligation to release this information to you. However, regardless of whether or not it is released, the point is that you haven't yet received the thing you have paid for and which was agreed to be delivered to your home address. Their terms and conditions may stipulate a time for delivering the goods, and this will be the time they must comply with. In the absence of a specific time, they have 30 days to deliver them to you.

 

However, you do have the right to notify them in writing that you wish to cancel the contract under the Distance Selling Regulations, (assuming you bought this online, over the phone or otherwise not in the presence of the seller, such as at a store) and require a full refund. The right is generally unconditional, so long as exercised within 7 days of receiving the goods - which, of course, hasn't yet happened in your case!

 

Have a look at this guide on cancellation rights - it may assist? http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf No doubt you can find one at another local retailer now the Christmas rush is out the way - and probably in the sales at a reduced price somewhere!

 

Good luck and I hoped this helps.

 

Regards

Dan

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Customer reply replied 7 years ago

Thank you very much....extremely useful.

 

John Fowle

You're welcome - if you're satisfied, please do press ACCEPT.

 

Thank you!

 

Regards

Dan

Daniel Smith
Daniel Smith, Daniel Smith
Category: UK Law
Satisfied Customers: 4,035
Experience: JustAnswer
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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