Ordering soil on the internet
Comments
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Thank you both of you. So as they couldn't deliver it is a returned load and they state return delivery cost of £42 + VAT - I originally paid £7 for delivery. Are they able to do this? (Of course, I recognise that I can organise return myself - don't happen to have a truck!)
I'll leave it to other posters as they have more expertise but I would just like to point out that you only refused delivery because you were unwilling to go along with their Ts and Cs (the ones you agreed to when purchasing), not because you cancelled the order!
I do wonder to what extent you have actually breached the contract... That would leave you open to being liable for reasonable costs to remedy the situation. That can include return delivery costs, which would not have been incurred had you simply read the Ts and Cs in the first place.0 -
I'll leave it to other posters as they have more expertise but I would just like to point out that you only refused delivery because you were unwilling to go along with their Ts and Cs (the ones you agreed to when purchasing), not because you cancelled the order!
I do wonder to what extent you have actually breached the contract... That would leave you open to being liable for reasonable costs to remedy the situation. That can include return delivery costs, which would not have been incurred had you simply read the Ts and Cs in the first place.
Thank you, and I do totally understand what you are saying. However, I'm stuck in a situation where other similar and bigger lorries managed to get up the driveway and there was little effort from the driver to try. Therefore there was no anticipation that this driver would not be capable of doing this given others had managed it. However, I do appreciate the time you take to add your view.0 -
You agreed to a kerbside drop when you placed your order. The Company you ordered from clearly doesn't want to risk damaging people's driveways. Why did you a$$ u me? Why instead did you not order from a Company that would meet your needs?Thank you, and I do totally understand what you are saying. However, I'm stuck in a situation where other similar and bigger lorries managed to get up the driveway and there was little effort from the driver to try. Therefore there was no anticipation that this driver would not be capable of doing this given others had managed it. However, I do appreciate the time you take to add your view.0 -
Thank you, and I do totally understand what you are saying. However, I'm stuck in a situation where other similar and bigger lorries managed to get up the driveway and there was little effort from the driver to try. Therefore there was no anticipation that this driver would not be capable of doing this given others had managed it. However, I do appreciate the time you take to add your view.
But you said it yourself, right here:Their point is that they only guarantee kerbside delivery and that this was in their T&Cs, as well as that delivery would be on an 18 tonner, and that I was happy to make the order on that basis.
Your mistake was that you assumed this would not apply to you. And you were wrong. It doesn't matter what other delivery drivers have done in the past, this delivery was to kerbside, this is what they promised, this is what you agreed to, this is what they attempted, you refused because you thought you knew better than the driver, how is it anybody else's fault but your own?Accept your past without regret, handle your present with confidence and face your future without fear0 -
Indeed, and I do wonder how much this could be considered a breach of contract as OP has failed to abide by the Ts and Cs (whether they are fair or not is another question, but seems fair to me?).peachyprice wrote: »But you said it yourself, right here:
Your mistake was that you assumed this would not apply to you. And you were wrong. It doesn't matter what other delivery drivers have done in the past, this delivery was to kerbside, this is what they promised, this is what you agreed to, this is what they attempted, you refused because you thought you knew better than the driver, how is it anybody else's fault but your own?
Also, had damage occurred to the driveway then the OP would very happily use this Term and Condition as a basis for their compensation claim against the company! Quite ironic really!
Me thinks that previous companies/drivers were more negligent/careless than helpful to the OP...0 -
Indeed, and I do wonder how much this could be considered a breach of contract as OP has failed to abide by the Ts and Cs (whether they are fair or not is another question, but seems fair to me?).
The OP has not breached the contract because the contract allows for them to cancel the goods. The provision for this is in their statutory rights under the CCRs, which form part of the terms of the contract.
The reason why they cancelled is, legally speaking, irrelevant. The CCRs simply give an absolute right to cancel for any reason whatsoever.
The return charge is not enforceable for a number of reasons. Firstly, the soil was never actually delivered to the OP. It never left the possession of the retailer, therefore the OP cannot be held responsible for returning it. Secondly, the amount they are asking for is clearly not the actual cost of the return. After all, the lorry was returning to the depot, full or empty. I also suspect the cost isn't in the T&Cs either, it's just a number they've thought of after the fact.
rbeck31, tell the retailer that you are cancelling the order as per your rights under the Consumer Contract Regulations. As the soil was never delivered, you are not liable for any costs in returning it. Therefore you are due a full refund.
If they refuse to provide this, contact the issuer of whichever card you paid with - look up Chargeback for debit cards, or potentially Section 75 for credit cards if the cost was over £100.0 -
ThumbRemote wrote: »The OP has not breached the contract because the contract allows for them to cancel the goods. The provision for this is in their statutory rights under the CCRs, which form part of the terms of the contract.
The reason why they cancelled is, legally speaking, irrelevant. The CCRs simply give an absolute right to cancel for any reason whatsoever.
The only thing which is throwing me is that OP has not yet cancelled the order..... They refused delivery because they refused to follow the Ts and Cs, not because they wanted to cancel. Wouldn't that be considered a breach?
The talk of CCR cancellation is only happening after OP failed to follow one of the Ts and Cs and if they allow for a £42 charge to be made wouldn't that take priority?
But otherwise cheers for the informative post
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Thank you both of you. So as they couldn't deliver it is a returned load and they state return delivery cost of £42 + VAT - I originally paid £7 for delivery. Are they able to do this? (Of course, I recognise that I can organise return myself - don't happen to have a truck!)ThumbRemote wrote: »The OP has not breached the contract because the contract allows for them to cancel the goods. The provision for this is in their statutory rights under the CCRs, which form part of the terms of the contract.
The reason why they cancelled is, legally speaking, irrelevant. The CCRs simply give an absolute right to cancel for any reason whatsoever.
The return charge is not enforceable for a number of reasons. Firstly, the soil was never actually delivered to the OP. It never left the possession of the retailer, therefore the OP cannot be held responsible for returning it. Secondly, the amount they are asking for is clearly not the actual cost of the return. After all, the lorry was returning to the depot, full or empty. I also suspect the cost isn't in the T&Cs either, it's just a number they've thought of after the fact.
rbeck31, tell the retailer that you are cancelling the order as per your rights under the Consumer Contract Regulations. As the soil was never delivered, you are not liable for any costs in returning it. Therefore you are due a full refund.
If they refuse to provide this, contact the issuer of whichever card you paid with - look up Chargeback for debit cards, or potentially Section 75 for credit cards if the cost was over £100.
doesnt that post by the OP read as if delivery has taken place0 -
ThumbRemote wrote: »TSecondly, the amount they are asking for is clearly not the actual cost of the return. After all, the lorry was returning to the depot, full or empty. I also suspect the cost isn't in the T&Cs either, it's just a number they've thought of after the fact.
You're assuming they were using they're own truck. Whenever I have had bulk kerbside deliveries it has been through a 3rd party pallet delivery service which would have then charged the retailer for a returned delivery.Accept your past without regret, handle your present with confidence and face your future without fear0 -
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