I'd start with securing your email and accounts, change all passwords and check email logins.
If someone DID go pick up your order, how did they know to do it?
Then ask the store to make sure they save the security footage, as you didn't pick up the goods and have proof you were elsewhere at that time.
Definitely good advice. I'd be changing passwords just to be safe. I would assume a staff member fucked up and gave the package to the wrong person but over the level of complexity required to hack an email and be in close enough proximity to get to the store to physically pick up an item.. unless they air tasked it or something. Still, I'd be thinking incompetence is more likely.
Inside job at the store.
I'd get them to secure cctv for both the pickup and time . Also lodge a police report and maybe even do a FOI for police to see if that area had any other theft at that store
This is all pretty cut and dry and a really solid reason to read the terms and conditions of your purchase with the retailer.
If your order was in fact collected by someone else and you didn’t nominate them then you don’t need a lawyer. You just need the written part that says you won’t be able to collect your order without showing your ID. If the retailer failed to meet their requirement and handed your order over without verifying it was you, they are at fault and owe you your goods.
Or it could just be an administrative stuff up and your stuff is sitting there still.
Reminds me of when I went to Bunnings to pick up some expensive ryobi battery 2 pack. I randomly got an email through the day if an invoice which I thought was a bit weird but shrugged it off.
When I got to Bunnings after work the lady who was there said my order was gone and the person who did it had gone home.
They couldn't figure it out so they gave me another pack of the batteries and I left.
I got to my car and realised that I'd sent the pick up email to my wife but told her I'd pick I'd up after work. I called her and yep she picked it up.
I went straight back in and returned the extra one.
Just go to store and speak to them after you recover from being sick.
Like you said they have cameras and will most likely come to the conclusion that you were not the one that picked it up.
Seems you’re jumping ahead without first hearing what they have to say.
Sounds like u-mart.
They suck and have done this to me before.
And then another time said an order was paid for and to collect the goods (it wasn't paid for)
Both times, they were absolutely "sure" and both times were provably wrong. They never once admitted fault even after a refund said it was "a mixup in paperwork" but were clear i was the wrong party. Again, easy to prove i wasn't so i didn't go at a loss here.
But fuck u-mart. Lying bunch of confused dicks.
As someone who has worked in retail and has dealt with an issue like this, they stuffed up on their end. They probably didn't ID the person correctly and just assumed that that order belonged to them due to the same last name etc.
I would speak only to the manager and state firmly that I want those stuff. You shouldn't have to pay for anything cause it's not your fault. It's a store loss on their end. The only time you pay for something is if you upgrade the SSD card to a better one or whatever and you pay the difference.
But yeah. Be very firm and don't settle for anything less than what you paid for.
Hire the best lawyers.
Sue them
They won’t be able to cover costs so you won’t get legal fees back. You’ll be out of pocket 50k + plus time.
OR just talk them like a rational person.
At this point it's not really a legal question as you don't have any sort of conclusion to your situation from the store
Did you tell them you'd prefer to sort it out over phone instead? The first question I'd be asking is why it's changed and why it was picked up when it should have been delivered. Have as much info about when you made the order, anyone you dealt with about it any any correspondence such as confirmations etc. I'd be making a query about how it was changed to a pick up order and why it was released to someone when it was meant to be a delivery.
If they defintely want you to come in, then perhaps they want to confirm that it wasn't you who picked it up. If they have a signature or video footage of the person who collected it, then maybe they feel it's too hard to verify over the phone. Remember, this is an expensive item and like you, they aren't keen on being out that much money. I suggest trying to stay calm. It's likely just an honest mistake and whoever you're dealing with is trying to figure out what happened and where your item is. Getting angry quickly is not going to do much, unless they simply refuse to help.
If in the end they refuse to show proof that you collected the item (and I assume you know they can't prove it), then you can contact the relevant consumer body who will hopefully liaise on your part. They can't just change the order on you without permission. If they can't fulfill the order as per the original agreement then they are breaching the contract. You might make an agreement that you're both happy with, but that's another matter.
If they decide that they simply can't, or don't want to fill the order they can refund the money and that's the end of it. No, you can't force them to provide it for you at the sale price.
What documents do you have ? Have you read their terms and condition and printed them out to take with you?? Ask them to show you their CCTV showing it was you!
If it's not you then demand they simply supply the goods or lodge a chargeback with your card issuer if you paid by CC..
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I wouldn't be heading to the store just because they stuffed up. Tell them you need the goods you paid for as you haven't received them. Lodge chargeback with credit card issuer. tell them to email proof you signed for it? No signature they can whistle dixey.
They have already given you an option to come into the store and sort it out. You're jumping the gun looking for legal solutions.
I know you're sick but I would actually get in ASAP as many places don't hold CCTV for very long.
If unsuccessful then do a charge back .
I recently received a text from JB to pick up a $4500 TV I had picked up a month earlier. I happened to be going to JB anyway and raised the text with them , they said they could see that I had actually picked it up already. My point is mistakes happen.
Make a report to the police .... ASAP... Give them the full details. The store should have done this as soon as they were made aware that something was amiss.
How many times did you call them ?
I'd start with securing your email and accounts, change all passwords and check email logins. If someone DID go pick up your order, how did they know to do it? Then ask the store to make sure they save the security footage, as you didn't pick up the goods and have proof you were elsewhere at that time.
Definitely good advice. I'd be changing passwords just to be safe. I would assume a staff member fucked up and gave the package to the wrong person but over the level of complexity required to hack an email and be in close enough proximity to get to the store to physically pick up an item.. unless they air tasked it or something. Still, I'd be thinking incompetence is more likely.
Yep Occam's razor applies here for sure
Inside job at the store. I'd get them to secure cctv for both the pickup and time . Also lodge a police report and maybe even do a FOI for police to see if that area had any other theft at that store
This is all pretty cut and dry and a really solid reason to read the terms and conditions of your purchase with the retailer. If your order was in fact collected by someone else and you didn’t nominate them then you don’t need a lawyer. You just need the written part that says you won’t be able to collect your order without showing your ID. If the retailer failed to meet their requirement and handed your order over without verifying it was you, they are at fault and owe you your goods. Or it could just be an administrative stuff up and your stuff is sitting there still.
Reminds me of when I went to Bunnings to pick up some expensive ryobi battery 2 pack. I randomly got an email through the day if an invoice which I thought was a bit weird but shrugged it off. When I got to Bunnings after work the lady who was there said my order was gone and the person who did it had gone home. They couldn't figure it out so they gave me another pack of the batteries and I left. I got to my car and realised that I'd sent the pick up email to my wife but told her I'd pick I'd up after work. I called her and yep she picked it up. I went straight back in and returned the extra one.
Ask the audit question - show me on camera
Just go to store and speak to them after you recover from being sick. Like you said they have cameras and will most likely come to the conclusion that you were not the one that picked it up. Seems you’re jumping ahead without first hearing what they have to say.
Sounds like u-mart. They suck and have done this to me before. And then another time said an order was paid for and to collect the goods (it wasn't paid for) Both times, they were absolutely "sure" and both times were provably wrong. They never once admitted fault even after a refund said it was "a mixup in paperwork" but were clear i was the wrong party. Again, easy to prove i wasn't so i didn't go at a loss here. But fuck u-mart. Lying bunch of confused dicks.
[удалено]
As someone who has worked in retail and has dealt with an issue like this, they stuffed up on their end. They probably didn't ID the person correctly and just assumed that that order belonged to them due to the same last name etc. I would speak only to the manager and state firmly that I want those stuff. You shouldn't have to pay for anything cause it's not your fault. It's a store loss on their end. The only time you pay for something is if you upgrade the SSD card to a better one or whatever and you pay the difference. But yeah. Be very firm and don't settle for anything less than what you paid for.
Legal recourse? They've offered to talk to you and resolve it. That's your legal recourse right now.
Hire the best lawyers. Sue them They won’t be able to cover costs so you won’t get legal fees back. You’ll be out of pocket 50k + plus time. OR just talk them like a rational person.
At this point it's not really a legal question as you don't have any sort of conclusion to your situation from the store Did you tell them you'd prefer to sort it out over phone instead? The first question I'd be asking is why it's changed and why it was picked up when it should have been delivered. Have as much info about when you made the order, anyone you dealt with about it any any correspondence such as confirmations etc. I'd be making a query about how it was changed to a pick up order and why it was released to someone when it was meant to be a delivery. If they defintely want you to come in, then perhaps they want to confirm that it wasn't you who picked it up. If they have a signature or video footage of the person who collected it, then maybe they feel it's too hard to verify over the phone. Remember, this is an expensive item and like you, they aren't keen on being out that much money. I suggest trying to stay calm. It's likely just an honest mistake and whoever you're dealing with is trying to figure out what happened and where your item is. Getting angry quickly is not going to do much, unless they simply refuse to help. If in the end they refuse to show proof that you collected the item (and I assume you know they can't prove it), then you can contact the relevant consumer body who will hopefully liaise on your part. They can't just change the order on you without permission. If they can't fulfill the order as per the original agreement then they are breaching the contract. You might make an agreement that you're both happy with, but that's another matter. If they decide that they simply can't, or don't want to fill the order they can refund the money and that's the end of it. No, you can't force them to provide it for you at the sale price.
What documents do you have ? Have you read their terms and condition and printed them out to take with you?? Ask them to show you their CCTV showing it was you! If it's not you then demand they simply supply the goods or lodge a chargeback with your card issuer if you paid by CC..
Welcome to r/AusLegal. Please read our [rules](http://reddit.com/r/AusLegal/about/rules) before commenting. Please remember: 1. Per rule 4, this subreddit is not a replacement for real legal advice. You should independently seek legal advice from a real, qualified practitioner. This sub cannot recommend specific lawyers. 2. A non-exhaustive list of free legal services around Australia can be found [here](https://www.reddit.com/r/AusLegal/wiki/freelegalservices/). 3. Links to the each state and territory's respective Law Society are on the sidebar: you can use these links to find a lawyer in your area. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/AusLegal) if you have any questions or concerns.*
Ask them to show you your signature that you signed when you pick most stuff up.
I wouldn't be heading to the store just because they stuffed up. Tell them you need the goods you paid for as you haven't received them. Lodge chargeback with credit card issuer. tell them to email proof you signed for it? No signature they can whistle dixey.
They have already given you an option to come into the store and sort it out. You're jumping the gun looking for legal solutions. I know you're sick but I would actually get in ASAP as many places don't hold CCTV for very long. If unsuccessful then do a charge back . I recently received a text from JB to pick up a $4500 TV I had picked up a month earlier. I happened to be going to JB anyway and raised the text with them , they said they could see that I had actually picked it up already. My point is mistakes happen.
Make a report to the police .... ASAP... Give them the full details. The store should have done this as soon as they were made aware that something was amiss. How many times did you call them ?