A right to refund re: late delivery

alexj2002 · 6 January 2005 at 11:48PM

What are my rights to a refund for a late delivery?

For my purchase from eBuyer I selected Tuesday as my selected delivery date and paid an extra £1.50 for priority service. After staying home all day Tuesday it didn't turn up. It arrived yesterday Wednesday (luckily when I was in the house).

But surely as I paid extra for the priority service and the confirmation for my order said about my order Deliver By: Tues 4th Jan 2005 I deserve my money back.

I believe I can provide sufficent proof it wasn't delivered on time via the couriers track and trace system so if any one can help me back up my claim with any legal rights it would be very useful.

This image shows the exact terminology used and also the proof of late delivery.

Also what do you reckon I should claim? Premium for Priority Service or the full postage cost?

derrick · 7 January 2005 at 2:32AM

You should be able to get your money back for breach of contract, but you are also covered under Distance Selling Regulations,these mean you can return stuff for no reason at all and receive a full refund if returned within 7 working days from delivery

see here for details

Freebie_Hunter_2 · 7 January 2005 at 6:25PM

Make sure the small print doesn't rule out the bank holiday delay.

alexj2002 · 7 January 2005 at 10:40PM

You should be able to get your money back for breach of contract, but you are also covered under Distance Selling Regulations,these mean you can return stuff for no reason at all and receive a full refund if returned within 7 working days from delivery

see here for details

I'm happy enough with the items but didn't see the point in paying £6.50 for a service when the £5.00 service would have provided exactly the same service.

Gonna submit a claim over the weekend (the sooner the better I'd have thought) and ask to be refunded.

trace-j · 8 January 2005 at 10:51PM

Right on Derrick! We buy a fair bit of stuff fom ebuyer and are generally quite happy. The biggest problem is that ebuyer use Citylink (AKA sh!ttylink) as the courier.

We have on the other hand had stuff delayed on a priority delivery. So we phoned them up and complained- they were very apologetic and refunded the difference to normal postage. They also threw in free delivery on the next order- which was handy when we ordered a load of monitors and heavy stuff to build some PC's for our mates ;D

Under the Distance Selling Regs you could cancel if still within the cancellation period or as you say didnt deliver or time. Your other option is keep the stuff but complain and get a refund in difference in postage.

If you're looking for more- you'll have to prove you've suffered some other loss by not getting the goods on time- which is quite difficult as ebuyer would have had to be aware of your conditions. Although we have to admit that we would like to make on a situation like this, the legality of compensation is to put the consumer back in a position had the contract been completed on time.

As for Citylink- apart from ebuyer we avoid internet companies that use them they are useless. Not joking went to collect a parcel from the depot and the guy stood there scratching his head not knowing where to look for it the same went for his buddies too. Anyone who wants to privatise Royal Mail will be in for a shock! Sorry rant over

Hope this helps :)

alexj2002 · 9 January 2005 at 3:51PM

Agree with the !!!!!!*y link comment. Never been to their depot as it's over 1 & 1/2 hours drive away. But I regularly find that the boxes are bashed up when they arrive and they are never constant on their time of delivery meaning I have to stay in all day to wait for the parcel usually.

A right to refund re: late delivery

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