247blinds. Can I do this?

[Ash1646]

Afternoon All.

 

I know that the distance selling regulations shouldnt apply to a custom order, BUT.....

 

I ordered a set of blinds on a fast track order system on Wednesday, which guaranteed delivery to me today. I paid a small premium for this.

 

I contacted the seller yesterday to inform them that the product had to be installed at 11:00am this morning, and could I further enhance the delivery to a pre 10am. I was charged the additional £15.00, and the amendment to the order was carried out.

 

At 9:40 this morning, only one box turned up. I contacted the seller who said that the order had got muddled up by the courier and they were going to replace the order, but it would not be with me until Monday. This obviously was no good to me, and I had to go to B&Q and buy some blinds to fit there and then.

 

I then invoked my right to cancel the order and enquired as to how I was to send back the part shipment, only to be told that as they were custom made, I could not cancel but they would refund the delivery charge and the fast track premium.

 

My understanding of the DSR's is that as the goods are custom made I cannot cancel, but....

 

I pulled this from the OFT guidelines website, and its aimed at the seller.

 

A contract must be carried out within the time limits agreed

with the consumer as stated in the terms and conditions. If

no period is set then the statutory time limit is 30 days from

the day after the consumer sent the order to you. If this is not

possible you must advise the consumer before the deadline.

If the goods didn’t arrive in time your consumer is entitled to a

full refund, including the postage and packaging, unless they

agree to a new deadline to give you more time.

 

Is my assumption right, in that as they have failed in their agreed variation to deliver in accordance to this variation, they are in breach of the contract and my right to cancel is still valid?

[ericsbrother]

If they are aware that "time is of the essence" and agree to those terms then they have broken the contract with you and can either pay for the blinds you had to get from B&Q or release themselves from the contract by taking to goods back and refunding. Either way, you should not be out of pocket.

DSR's dont come into it so it is purely breach of contract. The changes to the standard contract were agreed by the acceptance of a further £15 so they cant deny it.

[Ash1646]

Thanks for responding.

 

Yes they would be aware of the delivery requirements for 2 very simple reasons.

 

They offer a fast track service, for an additional £10.00, which basically says that the product goes out next day.

 

I then phoned them up and explained that I required the product before 11am, and could I pay an additional fee to ensure that this would take place. I paid £15.00 and received email confirmation that they had charged by debit card accordingly.

 

Is there a section of legislation, that I can quote, as I'm sure that there will be an email being recieved this morning.

 

The second box turned up on Saturday, and I refused the delivery - Wasnt too sure if acceptance of the delivery would have amounted to acceptance of contract delay.

[Ash1646]

After receiving an email from 247blinds this morning, asking me re arrange delivery, I sent the following email.

 

I placed an order for blinds on Wednesday 27th November. I requested a fast track order, in order to obtain the blinds by the 29th November 2013. Payment was taken and the order was accepted by 247blinds on the 27th November 2013. The fast track enhancement had a consideration in favour of 247blinds in the amount of £10.00. In effect a contractual agreement was made to provide me with these blinds on the 29th November 2013, which varied the original terms and conditions that 247blinds issued to me.

 

On Thursday 28th November 2013, I contacted 247blinds requesting a further enhancement of the contract to guarantee delivery before 10:30am on the 29th November 2013. The enhancement was accepted, by telephone and confirmed in an email, which was received to my email account. The enhancement of the initial contract had a consideration in favour of 247blinds in the amount of £15.00. This variation to the already varied contract was mutually agreed.

 

From the contents of the telephone conversation that was had with you on the 28th November 2013, 247blinds were aware that time was of the essence, hence the second variation.

 

Of the 2 parcels that were to due to arrive on the 29th November, only one arrived. The headrails were not present. I contacted TNT, who advised that they did not know where the second parcel was. I contacted 247blinds, who advised that they were sending replacement headrails. I advised 247blinds verbally not to do this, as the units were required prior to 11am, and I would have to make alternative arrangements. I then managed to locate a store local to me, who made 3 blinds for me, and these were installed before 11:00am.

 

I contacted 247blinds by email advising that the blinds were no longer required, as the delivery timescale that was agreed had not been met, and that a full refund was required. The response from 247blinds was that I was not allowed to cancel the order and that the replacement headrails would be delivered to me as soon as possible.

 

I notified 247blinds advising that I did not consent to an extension of delivery timescale. Please see below the definitions of the contractual obligation. It is in plain english.

 

"A contract must be carried out within the time limits agreed with the consumer as stated in the terms and conditions. If no period is set then the statutory time limit is 30 days from the day after the consumer sent the order to you. If this is not possible you must advise the consumer before the deadline. If the goods didn’t arrive in time your consumer is entitled to a full refund, including the postage and packaging, unless they agree to a new deadline to give you more time."

 

As 247blinds have broken the contractual agreement, I am entitled to the following:

 

I am entitled to cancellation and full refund, due to non completion under the terms and conditions of the order.

247blinds can release themselves from their contractual obligation, by cancelling and refunding the order.

247 blinds can fulfil the order upon mutual consent, however 247blinds would have to pay for the replacement blinds that had to be used due to non completion of the contract between myself and 247blinds. Please note that these blinds cost more than 247blinds.

 

The above are the options available to 247blinds. The action of refunding the express courier charge and the fast track delivery is not enough to make the contract that we have entered into, whole again. 247blinds cannot pick and choose aspects of the contract entered into that they wish to vary without mutual consent. I have not agreed to this.

 

TNT arrived on Saturday to deliver the headrails. I refused the delivery, explaining that the blinds were required 24 hours earlier.

 

Distance selling regulations do not apply in this case. This is simply a case on breach of contract by 247 blinds. The changes to your contract were agreed by your acceptance of the £10.00 fast track and £15.00 express delivery charge.

 

Please advise which course of action you wish to take in this matter, within the next 24 hours. I have today sent the parcel that arrived on Friday back to 247 blinds.

 

I have now received a reply. They seem to be sticking to their guns:

 

Thank you for your email. the contract which is between yourself and 247 is detailed in the terms and conditions of the order which you will have been sent via an email when the order was placed.

 

This is stated in section 1 of the terms:

1.

INTRODUCTION

 

1.1

These terms and conditions will apply when you place your order with us.

 

With regards to delivery times an cancellations it sates the following:

 

7

CANCELLATION RIGHTS AND RETURNS

 

7.1

Where the goods are "made to measure" you shall have no right to amend or cancel your order, return the goods or seek any refund of the price paid by you from us. This is because when we receive your order, the manufacturing process begins immediately and the goods are manufactured to your exact specification. Accordingly, pursuant to Regulation 13(1)© of the Consumer Protection (Distance Selling) Regulations 2000, conditions 7.2, 7.3 and 7.4 shall not apply in this case.

 

5.3

Delivery charges and estimated timescales are detailed in this website and when you place your order. We make every effort to deliver your order within the estimated timescales communicated to you and in any event within 30 days of the date of order. However postal delays are occasionally inevitable due to unforeseen factors.

 

As a result we can not offer you a refund or allow you to return the items as all of our delivery times are estimate, not guarantees and the blinds are made to measure. Please advise of a suitable date for me to re-arrange for the blinds to be returned to you

 

I'm confident enough to fight the DSR's, but what is my answer to the estimated delivery times.

[Ash1646]

Is anyone able to help on this?