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Non Delivery of Swimming Pool


Deby
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We bought and paid for an above ground pool on April 20, the day we placed the order, Castorama took our money and gave a 3 week delivery promise. We chased them 2 weeks after the supposed delivery date to get another promised delivery date of 6 June - nothing. Then we chased them again, and when I mean chase you have to wait on the call-service phone facility for up to an hour only to be told they will call back which they never do. We have also emailed them. So far nothing but empty promises. We have explained we need the pool for our guests who will expect a pool within two weeks time. We still have heard nothing back from Casto.

Does anyone know what recourse we have as we are undoubtedly going to get disgruntled customers who may well want compensation, plus I dont want to disappoint them. We have already explained this to Castorama but heard nothing again.

I have made an appointment with a lawyer for Wednesday.

Any comments/advice would be well appreciated.

Deby
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Deby

can you return in person to the actual shop and start complaining VERY LOUDLY in front of other customers? Perhaps when they realise that future customers are witnessing your complaint they might do something about it.

bonne chance

Gill
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LAST EDITED ON 14-Jun-04 AT 10:05 PM (BST)

http://www.minefi.gouv.fr/DGCCRF/04_dossiers/consommation/ficonso/b03.htm
gives the basic information
You can cancel the order
http://vosdroits.service-public.fr/particuliers/fiche/2901.html?&n=Achat,%20argent&l=NX01&n=Achat%20de%20biens%20et%20de%20services&l=NXEPA999
or you can take out an injunction to enforce delivery
http://www.minefi.gouv.fr/DGCCRF/04_dossiers/consommation/ficonso/d04.htm
Here is a model letter to cover either case:
http://www.minefi.gouv.fr/DGCCRF/04_dossiers/consommation/ficonso/e11.htm
For details of who to contact
http://vosdroits.service-public.fr/particuliers/ARBO/FXEPA998.html?&n=Achat,%20argent&l=NX01&n=Achat%20de%20biens%20et%20de%20services&l=NXEPA999
My local department of fraud repression &c were very helpful on the one occasion I contacted them, on an unconnected matter; on the other hand so were Castorama Direct...
Their site says
CASTORAMA DIRECT ne saurait tre mise en cause et tenu pour responsable des consquences de tous vnements chappant sa volont, notamment les cas de force majeure ou relevant du fait du transporteur, qui tendraient retarder ou empcher la livraison des produits commands.

Le dlai de livraison ne peut en aucun cas avoir pour consquence le versement de dommages et intrts au profit du client ou des prestataires de service de celui-ci.

En cas de non respect du dlai mentionn dans la fiche descriptive, le client peut annuler sa commande par l'envoi d'une lettre recommande avec accus de rception l'adresse suivante :


CASTORAMA DIRECT Service client Rue du Chemin Vert Centre de gros n 2 59818 LESQUIN Cedex

L'annulation ne sera prise en compte par CASTORAMA DIRECT que si l'expdition ou la livraison ne est pas intervenue entre l'envoi et la rception de ladite lettre.

Le client sera rembours dans un dlai de 30 jours suivant la rception de la lettre recommande par CASTORAMA DIRECT.

They say they will not be responsible for any indirect costs; as far as I can see this is certainly valid if the non-delivery is due to circumstances beyond their control (probably delay in receiving item from manufacturer).
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I'm sure it's of no comfort to you, but their parent company B&Q took exactly 2 months and 1 day to deliver a central heating boiler to me in UK - delivery promise was 14 days and no amount of phone calls and e-mails did the slightest bit of good when they couldn't get the goods from the manufacturer. They debited my card within 2 days of the order.

Fortunately, I don't want to do the job until nearer the winter but I'll certainly think again before I order from them.

Doug
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  • 2 weeks later...
We've only just come across your 'thread'
We ordered a rotovator and greenhouse from them on 2nd April with 2 & 3 week delivery dates - apart from confirmation of our order on the 19th (after debiting our account on the 14th) - never received any delivery dates. Two separate neighbours called them on our behalf - no response. Eventually one neighbour wrote a very scathing letter for us to send to a director of Castorama. This was forwarded to the director of the appropriate division: ([email protected])
Stphane COSSART
Directeur BtoC
CASTORAMA DIRECT
He sent us an email on 14th June apologising for the delay (due to computer problems, he said) and promised that the greenhouse would be in their depot the following week - we had received the motoculteur in the meantime (2 months after ordering it).
Today the other neighbour phoned them again regarding the serre and was told they haven't got it, and don't know when they will get it. They verbally offered to refund the money, but we're going to the local Bureau des Consomateurs with all the printed orders/emails etc.
Pucette's comment of non-supply of manufacturers is all very well, but they DO say on their web-site, that customers will be informed of rupture de stock in the BRIEFEST delay (the only information we've had is secondhand via neighbours - we have called them ourselves as well but calls have never been returned), and shouldn't quote 2/3 weeks delivery dates if they know they can't get the goods!
The final straw was receiving an "I hope you are satisfied with our service" questionnaire for goods we still haven't received!!!
Let us know how you get on, please...give us some hope!!
Even our French neighbours are disgusted!

Gill & Alan
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....I have been waiting since the 5th May for my above ground pool from a company called 'habitatetjardin' on-line - I have had several 'rupture de stock' calls and demands for more money to upgrade to a larger pool, which I turned down.I have also called and e-mailed for up-dates without success. I had all but given up hope when I had a call today from the delivery company telling me that the pool is going to be delivered tomorrow - yippeee!! If, as has been said somewhere below, they all mainly come from the same manufacturer, perhaps you will receive yours soon as well - fingers x'd!

regards

Chris
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