Mail order dragging their heels- can i get annoyed yet?

Law

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Hi All

I was just wondering what you would do and whether it would be ok to be a bit annoyed by now!

I ordered some Norton Tendon boots off the internet three weeks ago.
The company website says 2-5 days delivery and 14 days for special order. There was nothing on the site to say that the boots were special order so I ordered them hoping they would come in a week or so.
I emailed them after 10 days to ask why the order was still showing as 'awaiting dispatch' and could they let me know if there was a problem.
No reply to email.
Phoned them, no answer and answer machine says 'you are not able to leave a message please call again later'
Call later, same thing.

Emailed them again and 2 or 3 days later have a reply saying that the item isn't in stock and would I like another colour?
I say no I would happily wait for the right colour if they could tell me how long they will be or have a refund.

5 days later still no reply.

So I am getting really cheesed off and just want an honest answer out of the shop. If the boots are going to take a week or two more then fine, if they'd just blinking tell me. Or i'll have a refund and forget about it.

Am about to email them but am at risk of being a bit short with them as I am *that* fed up
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What do you reckon?
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I'd ask for the order to be cancelled and buy them from somewhere else, I definitely wouldn't let them mess you about like that.
I think you have every right to be annoyed and certainly be short with them!!
 
I've asked for a refund twice now and they just keep ignoring that part of the email.
I think I might have to make this next email a bit more 'peeved sounding'
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Is this too curt? ...
Dear XXXX

You replied to my email of last week on the 13th Feb. I replied to this email within an hour and I have yet to hear back from you. Can you please refund me for the boots or tell me how many weeks they are going to take to arrive. I don't think this is terribly unreasonable of me to ask. This had dragged on for three weeks already and I would appreciate it if you could be honest and tell me what is happening. Unless you can provide me with a delivery date I would like you to cancel the order and provide a refund immediately.

Regards


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From : http://www.weblaw.co.uk/distance.php

Performance of contract

Unless agreed otherwise the contract must be performed (e.g. goods delivered) within 30 days and, if this is impossible, the consumer is entitled to be informed and to receive a refund. Any related credit agreement will then be cancelled. The business may be able to substitute other goods and services of equivalent quality and price for those which are unavailable if the contract with the consumer so provides.

Again scrutiny of your standard terms should be undertaken in view of the ability to mitigate the effect of this provision.



I would personally ask for a full refund!
 
threaten to tell thier local trading standards officer , if thats ignored then actually ring the officer and explain, i can guarrantee this works, or, threaten to take them to the small claims court ! i have done these both several times and without fail !
 
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