Advice Needed - Late delivery of Item purchased on the net

[poodge]

Hi Guys,

 

 

I wonder if anyone can provide me with some advice regarding an issue I have with an online vendor.

 

 

The company sells bespoke canvasses where you specify what is printed on the canvass.

The one I ordered for example was for my mothers 80th birthday and had her date of birth, names of grandkids etc.

We had struggled to find a suitable gift for my mother and this seemed ideal especially as we were running out of time

and the website stated the following regarding delivery:

 

"We have 2 shipping options you can select from at Checkout.

The first is Standard delivery, which is free of charge.

This delivery ensures your item arrives within 5-7 working days from the confirmation of your design preview.

 

Our second option is Priority Delivery, for those who require their designs a little quicker.

This service costs £6 incl. VAT and ensures your item will arrive within 2-3 working days from confirmation of design preview.

This service is also a signed for service for that little extra security."

 

Unfortunately took 7 days to deliver and we missed my mothers birthday by 1 day.

 

We challenged the delivery driver when he delivered the item

and he admitted he had the item the day before my mother's birthday

but didn't deliver as had no time.

 

The seller has been particularly unhelpful and until today only responded to 1 email from my partner

which advised the item has been despatched.

 

I emailed the company this morning advising that the item arrived too late for my mothers birthday

and I had to rush out and find an alternative gift.

As such I was rejecting the item and requested a refund in full.

 

The response back from the company was rather terse and pointed me in the direction of their terms and conditions stating

"I suggest fully reading these and then referring to any clauses we have failed on in any further communication from yourself."

 

I have checked the terms and conditions regarding delivery and it states:

 

"10.4. Any dates quoted for delivering the Goods are approximate only.

If no date is specified then it will take place within 30 days or a reasonable time of the date of the Confirmation Notice,

unless there are exceptional circumstances.

 

10.5. We shall not be liable for any delay in delivering the Goods, however caused."

 

Does this mean I cannot reject the item?

 

Thanks,

[rebel11]

Hi poodge

 

The following regulations apply to distance selling:-

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/265898/consumer-contracts-information-cancellation-and-additional-payments-regulations-2013.pdf

 

How did you pay? Credit Card or Debit Card

 

http://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations

[dx100uk]

for whatever reason

under the new consumer laws that replaced the DSR rules

you are within your time to reject it.

and receive a full refund.

[dx100uk]

darn beat me...hehe

 

 

dx

[havinastella]

To be quite honest, the retailer has done NOTHING wrong. They sent the item out, in time, for delivery.

 

Surely (although I know the sender has to make the claim) your problem is with the courier service, not the retailer.

[rebel11]

The transaction was carried out with the retailer, if the courier service took longer to deliver then expected, then the retailer needs to deal with the courier service.

 

To be quite honest, the retailer has done NOTHING wrong. They sent the item out, in time, for delivery.

 

Surely (although I know the sender has to make the claim) your problem is with the courier service, not the retailer.

[poodge]

Hi Guys,

 

 

Thanks for the advice. Regarding the distance selling regulations I don't think this applies as the item was made specifically for me and is therefore excluded.

 

 

My issue is with the courier company but my contract is with the seller who specified this courier.

 

 

Thanks

[citizenB]

I would think that the company that sent out the order should take this up with the courier company and then refund you.

[poodge]

Hi Citizen,

 

 

You would like to think so but they have no intention, simply referred me to their terms and told me to read them.

 

 

I was prepared to be reasonable about it but I'm really annoyed now.

 

 

They haven't even offered to refund the express delivery supplement.

 

 

Not impressed by them.

[rebel11]

How did you pay? Credit Card or Debit Card

[poodge]

Paypal Rebel

[rebel11]

Did you a zero balance in your paypal account, if so did you make payment by Credit Card?

 

Paypal Rebel

[poodge]

My partner paid for it but I believe her paypal is linked to take funds direct from her current account.

[rebel11]

O.K. that won't help.

 

My partner paid for it but I believe her paypal is linked to take funds direct from her current account.

[poodge]

I did think of raising a PayPal dispute. Wondered if there is any legislation which trumps the sellers terms

[ashmk]

Bespoke items.

[raydetinu]

The specific delivery time is what you paid for and that is what they accepted as part of their contract with you, so you are entitled to challenge that they did not keep to your contract which you had with them. ( supersedes any standard t & C )

So you could sue for damages, not sure you would get all your money back, but if they did offer that they would be entitled to the picture back!

At least you should get the additional delivery back, but is it worth the hassle to take them to court for that?

Suggest you write to them ( no phone calls and ask for some compensation ) and point out you paid for early delivery but did not get it so they are responsible.

[havinastella]

I also have this to offer,

 

you have looked into buying a bespoke item for your Mum, you seem to have sourced a fantastic present that your Mum would love, BUT you insist on sending it back because it was a day late!!!

 

I'm sorry, but if i had sourced this (and i really am looking into this for christmas as I think its a great idea) a day late is an inconvenience, but not a full valid reason to return it. Is there another reason that you want to return it?

[ericsbrother]

when you ordered it did you use the phrase "time is of the essence". No? then no claim.

[ploddertom]

When ordering was there a tick box to say you had read their T&C's - some have this as you cannot progress until it is ticked. They should also have drawn your attention to the appropriate term when choosing a delivery service.