Stevelewis Posted January 8, 2016 Share Posted January 8, 2016 Which is reassuring,Keith,as I and a number of other members of this forum have not received the courtesy of a reply to theirs. Yes I sent 3 emails none of which gained the courtesy of a reply! Link to post Share on other sites More sharing options...
RMweb Premium Andy Hayter Posted January 8, 2016 RMweb Premium Share Posted January 8, 2016 Ryde on Time Your observations regarding Amazon are interesting and their definition of when a contract is concluded is not in accordance with UK (English or Scottish) law. This is however explained because you are actually dealing with Amazon EU SARL a company registered in Luxembourg and operating under their laws. Hornby on the other hand is a UK company operating under English law and their T&Cs make no mention of when the contract is concluded, because English law defines that. Link to post Share on other sites More sharing options...
RMweb Gold Rowsley17D Posted January 12, 2016 RMweb Gold Share Posted January 12, 2016 Received my coaches this afternoon (see post 41) one week after ordering. However, the dispatch team have doubled up my order and sent two of each coach! Have decided to keep the extras and emailed Hornby asking how they can be paid for. Link to post Share on other sites More sharing options...
RMweb Premium Hilux5972 Posted January 13, 2016 RMweb Premium Share Posted January 13, 2016 Received my coaches this afternoon (see post 41) one week after ordering. However, the dispatch team have doubled up my order and sent two of each coach! Have decided to keep the extras and emailed Hornby asking how they can be paid for. I know it's the right thing to do but why? They stuffed up not you. Link to post Share on other sites More sharing options...
exet1095 Posted January 13, 2016 Share Posted January 13, 2016 I know it's the right thing to do but why? They stuffed up not you.Amazed that you need this explained to you. Link to post Share on other sites More sharing options...
RMweb Premium Hilux5972 Posted January 13, 2016 RMweb Premium Share Posted January 13, 2016 Who said I needed it explained? I simply asked why he did it. If you re-read my post it says "I know it's the right thing to do but why? They stuffed up not you" Why should he have to pay for a mistake that wasn't his mistake to fix? Link to post Share on other sites More sharing options...
RMweb Gold Ian Hargrave Posted January 13, 2016 RMweb Gold Share Posted January 13, 2016 Who said I needed it explained? I simply asked why he did it. If you re-read my post it says "I know it's the right thing to do but why? They stuffed up not you" Why should he have to pay for a mistake that wasn't his mistake to fix? Apart from the obvious ethical matters,there are certain legal obligations to be attended to . Do you keep something sent to you knowing it to be a mistake on the part of the sender ? I think not. Your duty is to seek clarification from that same sender. As I read it,Rowsley 17D is using the opportunity to purchase more of the same. That is all. He does not complain. Is it such a good idea to make more out of this than there actually is ? Link to post Share on other sites More sharing options...
RMweb Gold Ryde-on-time Posted January 13, 2016 RMweb Gold Share Posted January 13, 2016 Ryde on Time Your observations regarding Amazon are interesting and their definition of when a contract is concluded is not in accordance with UK (English or Scottish) law. This is however explained because you are actually dealing with Amazon EU SARL a company registered in Luxembourg and operating under their laws. Hornby on the other hand is a UK company operating under English law and their T&Cs make no mention of when the contract is concluded, because English law defines that. Amazon was just one example. Another would be John Lewis (who are uk based) who state Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in Change or cancel an order The reason for this is so the the seller has an opportunity to check in case a mistake has been made on the website (listing a TV for £4.99 instead of £499) which would be picked up in a shop when you went to pay I am not aware of any court case that has tested this though so am not sure that any 'Law' exists Link to post Share on other sites More sharing options...
Bernard Lamb Posted January 13, 2016 Share Posted January 13, 2016 Apart from the obvious ethical matters,there are certain legal obligations to be attended to . Do you keep something sent to you knowing it to be a mistake on the part of the sender ? I think not. Your duty is to seek clarification from that same sender. Why? I reckon your duty is to keep the parcel in a safe place until the sender asks for you to return it. I don't see how you have any obligation to contact the sender re unsolicited goods. Bernard Link to post Share on other sites More sharing options...
RMweb Gold Ian Hargrave Posted January 13, 2016 RMweb Gold Share Posted January 13, 2016 Why? I reckon your duty is to keep the parcel in a safe place until the sender asks for you to return it. I don't see how you have any obligation to contact the sender re unsolicited goods. Bernard These would not,I imagine,be classified as unsolicited goods. For goodness sake,this was a mistake that must be obvious to all...or is it ? Link to post Share on other sites More sharing options...
exet1095 Posted January 13, 2016 Share Posted January 13, 2016 Who said I needed it explained? I simply asked why he did it. If you re-read my post it says "I know it's the right thing to do but why? They stuffed up not you" Why should he have to pay for a mistake that wasn't his mistake to fix? "Why?" is a request for an explanation. So, you said that it needed to be explained. There are plenty of ways in which the OP could act which would cost him neither money nor integrity. He already said that he wanted to pay for the coaches. Link to post Share on other sites More sharing options...
sidmouth Posted January 13, 2016 Share Posted January 13, 2016 Morning all over the last few weeks I have ordered a number of items both from the sale and last chance to buy I have had no problems at all , delivery within 5 days in the timeslot advised Link to post Share on other sites More sharing options...
RMweb Premium Andy Hayter Posted January 13, 2016 RMweb Premium Share Posted January 13, 2016 Ryde on Time The John Lewis T&Cs also say: For most products sent directly from our warehouse, your credit/debit card will be charged when your order is dispatched. (I did check that they operate under English law and they do.) So JL have found a way of staying with English law, since acceptance of your money is only (for most products) at the time of dispatch - which is what closes the contract. I am not sure about the "other products" which AFAIK are not covered at all under the T&Cs. There is no specific law that I am aware of and in common with much of English law the conclusion of contract is defined by precedent. I think we could go on and on finding examples and ways that companies do (or maybe do not) comply with the law, but I am not sure that would help the thread forward. I would however be interested in finding out the final resolution for the thankfully very few who have been adversely impacted by Hornby's glitch. Link to post Share on other sites More sharing options...
RMweb Premium Hilux5972 Posted January 13, 2016 RMweb Premium Share Posted January 13, 2016 "Why?" is a request for an explanation. So, you said that it needed to be explained. My point is why should he have to fix a mistake he didn't make? If you purchased a brand new car and it arrived in Black, when you had actually purchased Blue, would you pay to fix it? I don't think you would. It's exactly the same principle. Link to post Share on other sites More sharing options...
stewartingram Posted January 13, 2016 Share Posted January 13, 2016 Why? I reckon your duty is to keep the parcel in a safe place until the sender asks for you to return it. I don't see how you have any obligation to contact the sender re unsolicited goods. Bernard I believe that legally the property becomes yours after a certain amount of time (1 month?) if it appears at your address without you asking for it. Similar thing to lost property handed in, often returned to you in the same period. Stewart Link to post Share on other sites More sharing options...
RMweb Gold Ian Hargrave Posted January 13, 2016 RMweb Gold Share Posted January 13, 2016 My point is why should he have to fix a mistake he didn't make? If you purchased a brand new car and it arrived in Black, when you had actually purchased Blue, would you pay to fix it? I don't think you would. It's exactly the same principle. He didn't have to do it.He chose to do it. A voluntary...not an imperative act.He seems to have turned it to his advantage. Link to post Share on other sites More sharing options...
RMweb Gold Ian Hargrave Posted January 13, 2016 RMweb Gold Share Posted January 13, 2016 I believe that legally the property becomes yours after a certain amount of time (1 month?) if it appears at your address without you asking for it. Similar thing to lost property handed in, often returned to you in the same period. Stewart In this particular case ...how then would you distinguish between the goods he ordered and those he did not ? Link to post Share on other sites More sharing options...
exet1095 Posted January 13, 2016 Share Posted January 13, 2016 My point is why should he have to fix a mistake he didn't make? If you purchased a brand new car and it arrived in Black, when you had actually purchased Blue, would you pay to fix it? I don't think you would. It's exactly the same principle. It's not. It's like a second, black car arriving with the blue one. The question of " not having to pay to fix the problem" seems to be your response to the idea that it might be possible to get something for nothing because of an honest mistake. It's always illuminating to see this sort of thing. Please never offer to be a counterparty in any transaction with me. Link to post Share on other sites More sharing options...
RMweb Gold Ryde-on-time Posted January 13, 2016 RMweb Gold Share Posted January 13, 2016 For anyone who missed out on a K1, Hawkins Bazaar sale includes the weather R3305 K1 They are currently showing 2 in stock for £65 ! http://www.hawkin.com/Hornby-r3305-br-2-6-0-k1-class Link to post Share on other sites More sharing options...
Ian Abel Posted January 13, 2016 Share Posted January 13, 2016 For anyone who missed out on a K1, Hawkins Bazaar sale includes the weather R3305 K1 They are currently showing 2 in stock for £65 ! http://www.hawkin.com/Hornby-r3305-br-2-6-0-k1-class Dang! Not seen this seller before, but sadly they don't ship outside the EU apparently. I'd have taken a BR 2-HAL for 65 quid (also less VAT if they shipped here) in a minute <sigh> Link to post Share on other sites More sharing options...
Black 5 Bear Posted January 13, 2016 Author Share Posted January 13, 2016 For anyone who missed out on a K1, Hawkins Bazaar sale includes the weather R3305 K1 They are currently showing 2 in stock for £65 ! http://www.hawkin.com/Hornby-r3305-br-2-6-0-k1-class I would have snapped this offer up had it not been the weathered version. Thanks anyway for this posting.... Link to post Share on other sites More sharing options...
RMweb Gold Ian Hargrave Posted January 13, 2016 RMweb Gold Share Posted January 13, 2016 Thank you also for the tip from me. I have just purchased 4 X "K" type Pullmans and an R4484 Pullman for £25 each. Includes free delivery.Oh,and I also get a free toy rocket !! I'll probably lose it in the trees if I fire it..Grandson should be happy though. Link to post Share on other sites More sharing options...
RMweb Gold Rowsley17D Posted January 14, 2016 RMweb Gold Share Posted January 14, 2016 Back to my unsolicited goods whereby Hornby mistakenly sent me two of each coach I ordered. This is covered by the following legislation: Regulation 39 of the Consumer Protection Unfair Trading Regulations 2008 . As the goods were sent by mistake, I am required to contact the trader and have them collect the goods within a certain time period, a fair period being 14 days. If they have not been collected then they become mine to keep or dispose. Since I want to keep the goods I have made an offer of payment. Hornby's automatic reply to my email said they were experiencing delays in replying to emails. If I hear nothing within the next couple of weeks, I will send them the official "please collect your goods that you sent in my error within 14 days" email. Link to post Share on other sites More sharing options...
RMweb Gold Ian Hargrave Posted January 14, 2016 RMweb Gold Share Posted January 14, 2016 Back to my unsolicited goods whereby Hornby mistakenly sent me two of each coach I ordered. This is covered by the following legislation: Regulation 39 of the Consumer Protection Unfair Trading Regulations 2008 . As the goods were sent by mistake, I am required to contact the trader and have them collect the goods within a certain time period, a fair period being 14 days. If they have not been collected then they become mine to keep or dispose. Since I want to keep the goods I have made an offer of payment. Hornby's automatic reply to my email said they were experiencing delays in replying to emails. If I hear nothing within the next couple of weeks, I will send them the official "please collect your goods that you sent in my error within 14 days" email. Thank you for posting this.It gives clarity to your particular situation.Secondly,it shines daylight on the problem that some of us have recently experienced with regard to non response to e mails.....but not the reason for it. Link to post Share on other sites More sharing options...
MatthewCarty Posted January 14, 2016 Share Posted January 14, 2016 I am still waiting on 2 emails sent before the new year! One about a damaged item, the other about the paid for out of stock K1. Link to post Share on other sites More sharing options...
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