Droit de résolution - advice please!

You might have done it Christine!

The estimated Date was wednesday the 5th, delivery thursday the 13th - so that's not more than 7 days after The Date, is it? With this "jours francs" thing?

Hi

As far as I know / remembered (need to check later, no time for now, sorry) delivery should be within 30 days. If not, item CAN be cancelled within that time buy the buyer. Not after being received and used ! Unless not fit for purpose or hidden defects found later.

Also, item COULD have been cancelled after ordering it and being paid for within 7 open days ( "jours francs", meaning excluding Sundays and any bank holidays).

Your local Répression des Fraudes exists to help you too, as far as i know ! Give them a ring !

Will look into the matter later as topic is of interest to me too ( although I don't sell goods).

Bonne chance !

That's the thing Sheila, they are being so open and dimissive about their bucking the system! I suggested a while back that considering the circumstances, it wasn't very ethical to demand a refund. They don't mind.

Hi Clare, thanks for your reply.

Yes, I've been through all that, hours and hours of proving all this, they are simply ignoring it. Each time they come back with something different! This was in the 2nd avis de réception letter, rcvd yesterday:

"We certainly received the outfits on time for the 14th, but it seems to me that the delivery time was not respected in any case, and that I am therefore entitled to ask for the resolution of this order. So finally, it doesn't much matter the date to which I wanted to accept these outfits, fact is that you did not respect your delivery time." [insert expletive here]

My question "so why did you tell me NUMEROUS times (on and after The Date) that you still wanted them???" is being met with that. It doesn't much matter apparently.

Fortunately, all correspondence was through our site's support ticket system, so I have a record of everything, but it doesn't seem to help. The only way is to point them to the legal jargon, that a new date was agreed upon which precedes the old, or that a new contract was formed between us, or something, anything!

I'm afraid I can't offer any advice Anita but I've come across this before. My former employer's wife called in one day and asked me to return a fancy dress she had bought on line. I sorted out the return and sent off the dress. I was shocked a couple of days later to see photos of the party and herself wearing the dress. Next time I saw her, I challenged her about it, and she just grinned and shrugged.

Hi Jane, no I don't know if they've been worn, and it seems in a case of Delivery after Original Date, I could find a photo of them wearing them and it still wouldn't help. Ridiculous.

They're not unhappy with the costumes, they just don't need them anymore! I'm now fairly sure that this was their plan all along, to return the outfits after their party. I've rcvd a letter along the lines of "You're just an auto-entrepreneur. Me, I am "bien placée" for an action judiciaire, I assure you." (little witch).

This is the 3rd thing they've tried to put over me. Each time, I've found the relevant code/info to prove I am in the right and that they were well informed before ordering, but this time I can't find the bit that says "unless a new date was decided by the client before the end of the contract" or something along those lines...

Commen sense. France. The two don't always go together so well. I'm more than a little worried.

If the client agreed, that if they arrived before the 14th then surely the client accepted these terms. Have you got an email from them saying this and If you also state there are no returns as well, surely this is a closed case?? You could start by just emailing the terms of sale and if you have it a copy of their email accepting the new delivery.

Thanks Hilary, shall try them.

Hi Anita,

I cannot offer advice, but I am sure that you are morally right and that these people are trying it on.

It is appalling behaviour. Have you seen the costumes and have they been worn?

If they were dissatisfied, surely they should not have worn the costumes.

Best of luck.

Hi Anita

I think the best people for you to contact for advice would be the "direction départementale de la protection des populations (ddpp)" in your département. This is a government body that deals with consumer issues such as this. In my département (50), they have offices in the préfecture. I hope this gives you somewhere to start.

Yes, :+1: I think you got it right.

She confounded one with the other.