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rubberdubber

Perishable goods - law?

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Hi

We sell flowers online

 

We have a customer who despite many notifications of attempted delivery and then taking to the post office for collection have failed to collect their goods and  allowed them to die.

 

We know the law states that perishables are not cancellable or returnable

 

But what if the customer doesn't bother to collect

Are we still obliged to refund 

If not can you show me where in law it states this

 

Thanks

 

 

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As a business, you are responsible for delivery – meaning safe delivery in satisfactory condition of the goods which are ordered online. On the other hand it seems to me that there is an implied term that the customer will make reasonable provision to be available or to facilitate the delivery.

If the notifications et cetera have been properly made then I would have thought that you would be in the clear. In case you haven't already then for future reference I would make it clear on your online store that this is what you expect from customers and that by continuing with the purchase, this is what they agree to. I don't think it will change very much but it will be evidence that the customer was put on notice and knew the risk


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18 minutes ago, BankFodder said:

implied term that the customer will make reasonable provision to be available or to facilitate the delivery.

 Where is this written ...?

 

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It's not written which is why it is an implied term. 

it's not written, it has to be argued.


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Ok, I need a law reference

 

Perishables cannot be returned or cancelled  (unless faulty) under consumer law

Which is fine - if they were actually delivered.

 

If they were never delivered then the above doesn't apply because they can't be returned, and haven't been technically cancelled

 

so in a dispute - who is liable for the cost

Seller or buyer 

Yes my T&C cover this - but is it legal

 

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Clearly in the circumstances you have set out above and on the basis of the implied term which I have described, the purchaser is going to have to bear the loss.


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If your terms of business cover it then you have done all you need to do.

their failure to collect is the same as a reusal to accept delivery

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