Be very careful.....

Based on the information provided I would agree that you should be entitled to a full refund of what you initially paid.

According to your information if the order was placed prior to 4pm on 27th it should have been picked up and delivered on 28th. Looking at the email trail it was ordered on 27th, picked up on 28th and delivered on 29th. Would this generally be much of a problem, possibly not, but as you stated you purchased from the seller as they set their own delivery timeframes not you.

eBay seems to be trying to get away from the old online garage sale approach to being an Amazon style site where bricks and mortar stores can open a shop front to tap into the market. Partly due to that I think retailers would be under pressure to show delivery times which are outside their control and even possibly unrealistic just to stay competitive. At the end of the day however they set the conditions of sale and it is their responsibility to meet all conditions as they cannot select which conditions are important to the purchaser. Obviously the condition about delivery was important to Ric.

Whilst you may be in the right in relation to not accepting the item outside their delivery conditions I personally didn't feel comfortable about how you handled the situation in your emails with your aggressive approach and use of language.

The responses from the retailer were all quite professional but as for your tone I was just waiting for you to say that you were going to approach Today Tonight. Whilst I can understand your frustration sometimes to get the best outcome you just need to take a step back before responding as it would produces a better result for you in the long run. The lady who was communicating with you would have sorted it out but you had to start attacking other staff members which was of little use.

As for Paypal, as stated earlier you should be entitled to a full refund including postage. The item arrived but it was outside the sellers own delivery promise ..... Not much point receiving a birthday cake the day after the party.

I trust now you seem to have some support you are going to provide the seller with a link to this thread?

Quote:

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Originally Posted by Sir Stinkalot

I trust now you seem to have some support you are going to provide the seller with a link to this thread?

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I was in the process of doing exactly that when you posted your response. Its been sent and I have given them one last chance to provide a full refund before I lodge paperwork.

Perfection....... So appealing, yet so ellusive.
Having spent many years in timber wholesale and marketing, I think I have just about heard it all. Botched orders, faulty product, slow payment, lost in transit, idle promises and dont care attitudes.
Unfortunately we do not live in a perfect world. People (bless them) make mistakes. Things dont always go as planned and are often beyond ones control.
Frustration is a great fuel. It will drive us into action instantly. Further frustration and there is all hell to pay.
Now TORB old son, you have been very diligent in transcribing every last detail of communication between yourself and the offending company. Yet there is one small detail that remains unsaid.
Yes, you have pointed out to us, the readers, your urgent need of the tool, but at no time do you mention telling the supplier of this urgency. This could be deemed a lack of communication on your part. You see? Nobody is perfect.
The fact the store is prepared to offer a refund shows good faith. The reason they are not offering a freight cost refund is they would be out of pocket (probably against company policy.) Not nice, but a normal thing when it comes to product returns. The fact you cancelled the order after it had been despatched places the freight cost on you. The double freight cost would be for delivery to you and
then return to the store.
May I suggest, the threat of legal action is not the best weapon here.
I would imagine your chances of receiving any reasonable compensation would be negated by the costs incurred
It appears to me, the company in question has remained courteous throughout, despite your threats and accusations. In my experience, I have found it far more benificial, when dealing with people having this attribute, to afford them the same courteousy. The results may surprise you.
Rather than stating the obvious, " The goods were not despatched on said day." Would it not have been more prudent to ask why the goods were not despatched on the said day? In this situation, information would be your friend.
We both live in beautiful parts of the world. Take the time to smell the roses.
Urgent is a very subjective word...... the need to visit the loo, severed artery, bush fire, flood etc. You see the common link? All can be life threatening.
Woodwork? I rest my case.
"Go quietly, but carry a big stick."

Quote:

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Originally Posted by Harry72

"In any large organisation it is not always possible to locate or track an item immediately"

BS, its why we have computers no excuses...

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Sorry Harry I build computers and believe me they are not foolproof.. Not saying it was a computer error in this instance.

Quote:

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Originally Posted by TORB

In all seriousness munruben, please tell me why I should accept letting them charge me $32.60 because they dropped the ball. Because that's is what this boils down to.

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I have never suggested you should not get a full refund, including your postage costs and I hope you do but taking legal proceedings can be very costly if that's the path you intend to travel.

I would like to make two comments without taking sides in this dispute.


1. Have you got copies, print outs etc, which state that they will post as you claim for their current web shop doesn't state that they will post in the time frame you claimed.


2. Even if you take them to Court and you win, and have a full refund and costs awarded to you, you will have lost. For the taxed costs awarded to you will be well below of your actual costs incurred and so your net costs will most likely be more than the trifling amount involved.


Most people have no idea that the costs in litigation is much more than the taxed costs awarded to you when you win. A bit like the gap in hospital costs with private health insurance. You can't win.


Peter.

Torbs

Consider putting this one down to experience, you will be a lot further ahead.


Regards Mike ( an ex customer):2tsup::2tsup::2tsup:

I bought bandsaw blades from USA, After 3 weeks I contacted the seller and asked what happened. He said he had posted them but would send another lot. I got the blades in 5 days and thanked him.
A month later the first lot arrived. And yes I payed for them, sure I could have done a swifty, but I would have known.
So go through the courts by all means and see the charges mount up.
You have no case, you can not prove that the item was not sen,t so all you will do is add to your mysery.
If you want my advice, move on. Life is far too short to raise the blood pressure over this sort of crap

It seems to me that the evidence negates your statement that there is no case

Quote:

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Originally Posted by rustynail

Yet there is one small detail that remains unsaid.
Yes, you have pointed out to us, the readers, your urgent need of the tool, but at no time do you mention telling the supplier of this urgency.

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At that time the item stated that orders placed prior to 4pm would be dispatched the same day. There was no need for me to tell them about the urgency. All they had to do was to do was to keep to the terms of sale that they set.

Quote:

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Originally Posted by rustynail

The reason they are not offering a freight cost refund is they would be out of pocket (probably against company policy.) Not nice, but a normal thing when it comes to product returns. The fact you cancelled the order after it had been despatched places the freight cost on you. The double freight cost would be for delivery to you and
then return to the store.

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Two points here Rusty. Firstly, their company policy does not over-ride the Trade Practices Act. Secondly, and this is important old mate, I cancelled the order verbally prior to the order even being processed, and then in writing prior to 10.45 am and the goods were dispatched late that afternoon. AAE order tracking confirmed the time frames.

Quote:

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Originally Posted by Sturdee

I would like to make two comments without taking sides in this dispute.

1. Have you got copies, print outs etc, which state that they will post as you claim for their current web shop doesn't state that they will post in the time frame you claimed.

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I do. I guess they have now changed their listings so that they are not setting false expectations.

In relation to the rest of the points you raise Peter, I hear what you say, however having been in business, both very bloody large, and small, I know all about court costs and recovering money from recalcitrant companies and individuals.

This has never been about the poultry few dollars. It has cost me way more in time and energy already. Its about a principle, making suppliers deliver on their promises (bad pun intended) and when they don't holding them accountable and standing up for what is right.

As for your last comment, "You can't win." I just did! :2tsup: :D

Since I sent a link to this thread, I have received a number of emails from Sydney Tools and the last one confirmed a refund for the full amount has been processed.

Cheers
Ric

Quote:

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Originally Posted by rrobor

You have no case, you can not prove that the item was not sen,t

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It looks like you have either not read my original post, or have not understood the content. It is not about the item not being sent. The problem is that it was sent after the order had been cancelled.

Time for a valium and a good lie down.:U

Sorry I did read all of this. Correct me if I am wrong but the Item was to be sent that day via Australia post if it was B4 4 PM. Point one. How can that be cancelled the next day, you tell me. Point two Who in Gods name trusts Australia post. We now have a postal service contracted out. Lefty can be your postie provided he can ride a bike and read. Send money through the mail, chances are lefty will pocket it.
So who is to say what happened. Take the advice of above.

Hi Ric,
When you say you cancelled the order verbally with somebody (name unknown) wouldnt stand up in court. The fellow did tell you it wasnt his job. Not an excuse but a fact and one you should have taken into acount. You then followed up in writting, thats good, but who knows when that communication was received by the relavent person.
None of this detracts from your right to be at differences with the supplier. It is just your method of handling the situation comes into question. You see, you have never asked why. You have climbed up on your high horse and done a dummy spit.
You think you have won just because the supplier has decided descretion to be the better part of valour.
Its a pity they coughed up so readily, we will never know who was right.
The good old Trade Practices Act.......I dont know how many times Ive seen that misinterperated or misquoted.
So often the facts of a particular case do not completely comply with the Act and a determination has to be made. The adjudicator tries to be considerate towards both parties when weighing up the facts.
It is interesting to note your blatant disreguard for the other party's situation and your ability to grasp hold of self supportive facts as a dog would a bone.
Now Im getting your back up, aren't I?
No intention of being defammatory, Im just pointing out how things can be perceived.

It is a bit of a shame that you have used these forums to basically drag the name of a retailer into the mud to force their hand on the matter. As I stated previously I think your refund is "technically" valid based on the information provided (one sided by you). Despite being "technically" right, I think you handled the situation poorly and the tone used in your emails was particularly confronting.

Quote:

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Originally Posted by TORB

I post this information as a warning to others about the pitfalls of using eBay, even where the supplier has a good record, and also thinking that PayPal offers blanket protection.

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If this is true why drag the name of the retailer into the "warning"? Your post has very little to do with PayPal protection and more to do with you intending to use the post to force the arm of the retailer through public media. Despite as you say it all being above board and correct in your first statement it seemed quite calculated to provide details of the retailer.

I don't have a problem with how the retailer has managed the situation. They were very prompt with their responses to you and were willing to work with you until you stated to rant and rage, and I can see why the wheels started to turn slower as a response to your tone.

As for winning ..... you got your money but you are not a winner :no:. You got a result by using an aggressive tactics and really this forum. I trust the retailer will be continuing to check this thread and I would think they will gain more support than less.

PS: I should have added when I posted:
I trust now you seem to have some support you are going to provide the seller with a link to this thread?
I was using my phone and couldn't work out how to include the "rolling eyes" smilie ..... I hope you didn't take it as a recommendation of what you should do.