Still Waiting after 17 days for order to arrive

Ordered a couple of stocking fillers for my husband on the 17 December 2012 and they haven't, as yet, arrived yet some 17 days later.

I emailed them to raise my concerns and was initially told that it was my problem to resolve with Royal Mail and to chase them myself. Pointed out to them that my contract was with Big Dude Clothing rather than Royal Mail and they said they would look into the matter. They came back to say the order had been despatched on the 18 December and that it was out of their hands. I never received an email on the 18th to confirm that the order had been despatched so am unsure whether the order was despatched on the 18th or not (I have checked my spam in case it went to that account, but it hasn't).

Please see below email exchange and make your own mind up whether they are a reputable company to deal with with good, solid customer services.

Hello Big Dude Clothing

I bought a couple of items from you on the 17 December 2012 and they still haven't arrived. What a shame that it is the first time I have ordered from your company and though ordering from other retailers on the same day I received their items, but not yours.

I haven't received an email either confirming when the items would be despatched.

Very disappointed in the service so far but am positive that you will rectify my feelings of disappointment and let me know where my order is and why it has taken so long for you to deliver it.

Regards,
Mrs K A Meek

Big Dude Clothing
Jan 2 (2 days ago)

to me
Hi,

We are sorry to hear that about your order. We dispatched your items on the 18th of December, unfortunately in rare circumstances Royal Mail can take a little longer to deliver.

Your tracking number for your order is: BY318397577GB

If you have still not received your order, we suggest contacting your local Post Office sorting office.

We apologize for the delay in reply, as our office has been closed for the Christmas season.

Regards,

[name removed]

Dear [name removed]

I noted with interest the contents of your email and would like to remind you that I bought the products from you and not The Royal Mail and so wonder why you think it is my responsibility to chase your carriage provider.

May I remind you of the Distance Selling Regulations that the Law for websites and their conduct in the EU.

I would remind you that the order was placed on the 17 December 2012 and you took the money instantly and the Law requires that you do not charge for the goods when they are despatched and clearly if you had despatched them on the 17th December 2012 they would have arrived in good time before the 24 December 2012.

If the products are not here by Saturday 5 January 2013 I would expect a full refund.

I look forward to hearing from you.

Regards,
Mrs K A Meek


Big Dude Clothing
Jan 3 (1 day ago)

to me
Dear Mrs Meek,

I appreciate your concern and assure you this issue is being taken very seriously. We are looking further into this matter and will be investigating with Royal Mail today. We will send you an e-mail later on with an update on the parcel.

Regards,

[name removed]

Big Dude Clothing
11:17 AM (23 hours ago)

to me
Dear Mrs Meek,

As mentioned in the previous email, we have now investigated the matter further with Royal Mail. We understand that you are disappointed by not yet receiving your items but sadly as of now the matter is out of our hands. As we honored our commitment of sending your items promptly and can provide proof of postage, we have no option other than to wait for Royal Mail to deliver your order.

Royal Mail state that no claim for compensation can be made until after 15 working days, with a further day for items posted in the Christmas period. This means that we can not make a claim until Monday the 14th of January. If your order has not arrived within this time period, then at that point we can offer you a full refund and then open a case with Royal Mail.

I understand this may not be ideal but as we have met all of our obligations, this is the only cause of action.

Regards,

[name removed]


4:32 PM (18 hours ago)

Dear [name removed]

Thank you for your update. You persist in suggesting that your time line in terms of resolving the contract you had with Royal Mail to deliver the goods is somehow any concern of mine.

My contract is with you to deliver the goods, mainly a christmas present, and the fact that you chose to use Royal Mail rather than a professional carrier such as DHL is your choice and is not my concern.

May I remind you again it is a requirement of the Distance Selling Regulations that your company is accountable under that you do not charge for the goods until they are despatched and there is evidence to suggest that the goods were despatched on the 18 December 2012.

May I also draw to your attention the following under the Distance Selling Regulations I am entitled to cancel the contract up to 7 days after receipt of the goods and given that it is now 10 days, after the last day I would expect to receive the goods, I am exercising my right to cancel now and therefore would like a refund applied to my account immediately.

May I again remind you that your contract with your carrier is of no concern to me and any suggestion that you need to be refunded by them, before you can refund me, is invalid. Should you persist with this position, I will simply forward your email to the Office of Fair Trading and pursue the credit card company for a charge back on the basis that you have failed to comply with the Law.


Regards,
Mrs K A Meek



8:34 AM (2 hours ago)

to me
Hi Keitha,

Yes the contract is with us and yes we are aware of the distance selling regulations.

We charged for the goods when they were dispatched, so are fine on that point.

You have the right to cancel 7 days after you receive the goods. You have not received them as yet so the 7 days have not started as yet.

We will be waiting to 14th January before we apply any refund to the account. Your free to rise this with your debit/credit card company as a chargeback but we will fight the charge and show how reasonable we have been.

I'm not entering into a discussion how Royal Mail and couriers and this is the last communication you will have from us until 14th January when we either refund the whole cost of the order or find Royal Mail have actually delivered the item.

Thanks,

[name removed]

I have done a search for Big Dude Clothing and it seems that there are similar issues with other customers too on different forums.

I think it's fair to say I won't be buying from Big Dude Clothing again and would suggest you don't either.