I have a question. I ordered and paid for delivery of some pasteurised red caviar via internet shop for my older friends

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Customer: Hi, I have a question. I ordered and paid for delivery of some pasteurised red caviar via internet shop for my older friends and paid $260 plus $25 for delivery. When I was typing the delivery address, the unit number got lost. There was only the house number. I tried to contact the company via the phone that was mentioned in their email about this issue. The number was every time off. My friends told me that I should not worry about it because they live in the duplex and every time the mail would come firstly through their flat. Today at 9. 30pm I got notification that the caviar could not be delivered because of the incorrect address and that I would be able to collect it tomorrow from the post office in the city - 25 km away. I contacted the company and informed them that I don't want to get spoiled caviar that will be kept in the office, in tropics at the temperature +25C for more then a day. I was told from the manager that it was my problem that I didn't put correct address and that they won't refund me. Could you please tell me if they are right and I'll lose my money? Thank you
JA: What state is this in? And just to clarify, when was the purchase made?
Customer: I'm in QLD. Caviar was sent from VIC. On their veb site it said that express post will take 1-3 days. I orded ot and paid on Monday 25.5.20 around 11.30am
JA: Have you contacted the seller or manufacturer?
Customer: I talked the manager of this company - the main figure and he said that it was may fault that the address was written incorrectly, even I supplied my mob ph and email in purchase order form
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Just wander if what he is doing correct. I asked to money refund. First he refused, then he said if I'll send the caviar back then maybe, but I'll need to get caviar from the post office, open it, cool it down and then send it back to him with a special cooling device to NZ (this is where he is now)
Answered by John Melis in 3 hours 2 years ago
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John Melis
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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

Concerning your important matter, what you can do in this particular situation, is where you dispute the fact that the address was not wrong, raise a claim in the Queensland civil administrative tribunal. This way you can put your case forward and at the same time seek compensation.

You can manage this process without a lawyer, in your local tribunal, QCAT.

The QCAT process is very good to meditate disputes of this type as it forces the parties to come together to discuss the issues involved.

In most cases at mediation the matter will settle.

You will be the applicant and the other party the respondent.

The important filing document is the points of claim. This document needs to be carefully drafted.

What you need to do is to write the complaint in a chronological order detailing what is the issue and what action you have taken to try and rectify the matter.

The chronological order need to be numbered with points 1, 2, 3, etc. with each point being a separate item.

I recommend that you download the application first, complete the same and then upload as required to commence the claim.

The following link will assist you further.

http://www.qcat.qld.gov.au

Would you like to consider this option.

You have a legal right to protect your interests in this important situation.

This link above will assist you in the requirements to complete the application form and there are various help menus on the website that will also assist you in finalising the application that can be submitted in respect of pursuit of your claim.

Before you submit your application, make sure that you have all your evidence in hand as this will be required at the hearing date and to be served on the other party.

Keep in mind that once you have lodged your application you need to serve the application on the other party once instructed by the tribunal.

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