Harveys "GUARANTEED CHRISTMAS DELIVERY"

Cassie3

Hello,

This is our Harveys saga:

We ordered a dining table and 6 chairs from Harveys in November specifically because it was guaranteed to be delivered in time for Christmas.

After placing the order, we received an email thanking us for the order, but with no information about delivery dates. We checked the website and it said we would be contacted about a delivery date. We waited and waited and after a few weeks we thought we should ring them and check everything was ok with our order as we hadn't heard anything. My other half spoke to them and they said we would be contacted by the 21st December about delivery on the 23rd December. Fine we thought still in time for Christmas.

Well the 21st arrived and after hearing nothing from them, once again my other half rung them up to find out what was going on. After being given a different number by each different department he spoke to he was finally told that our table and chairs would not be delivered in time for Christmas, or in time for valentines day as we now won't be receiving the goods we paid for in November until the middle of February!!!!! Now this cannot be blamed on the bit of snow we had!

When he asked where we stood, we were told that firstly the guarantee wasn't 100% (despite all the advertising on TV, the internet and instore stating "in your home for Christmas") we were told "lots of other people are in the same position" like that helps when you've got both sets of parents coming for your first Christmas as hosts! We were also told we could either cancel our order with no come back or once our goods had been delivered, we could ask for some compensation.

Now we're reluctant to cancel as it took us so long to find a table and chairs we liked within our budget, plus now if we order anywhere else we will still be waiting just as long to receive our goods! But on the other hand as i'm sure someone will say we may actually receive our goods....

The thing i like most though it i've just looked on their website and not only is the dining set we ordered more expensive in their Christmas sale than it was when we paid for it in their last sale, but they say it will be delivered in 6 weeks, which is before they've told us ours will be here!!!!

Time to cancel that order with a letter of complaint to boot as they we quick enough to take our money all those weeks ago......

Tozer

kiddy_guy wrote: »

OP would lose - weather is force majeure.

However they didn't arrange a pre-xmas delivery date, which suggests they never were planning a pre-xmas delivery.

Would have to be an appropriate and valid (subject to unfair contract clauses legislation) force majeure clause.

kiddy_guy

Well clearly Yes, it would.

My view would be that if they'd promised to deliver on 23rd but could not due to weather, that would be a fair usage of the clause.

But in both cases, they did not even attempt to schedule a delivery date, which suggests a complete lack of attempt to deliver at Xmas, which then indicates the stock was not available.

On that basis, I would suggest Harveys are taking the mickey and you should push for a refund.

Whiteknight

I worked for Harveys a few years ago in the weeks leading up to Christmas there would always be something that we would know would not turn up in time and cause hassle. The stores at that time were told not to worry and to just sell as much as possible.

I did once ask the store manager what the guaranteed Christmas delivery actually meant - what would the customer get if the company could not deliver in time as there were a lot of posters and other point of sale but I always thought getting a refund if the company could not deliver in time was not really a fantasic deal for the customer. I asked the store manager the question once but not even they had an answer.

The weather could be used as a great excuse by Harveys and they will indeed use that but how does anyone know that it simply wasn't a case of Harveys having so many orders that they did not have the vehicles/drivers to get the orders out in time. At the very least customers should get the delivery charge refunded.

[Deleted User]

We ordered a diningroom table and chairs on the 8th November and paid in full at that time. We chose this particular table specifically because it was advertised (in store and on TV) as guaranteed Christmas delivery. We were led to believe that it would turn up well before Christmas.

10 days before Christmas we'd still had no word so I telephoned and was told the tables were due in the Friday before Christmas and that I'd receive a call then to arange a delivery date in the week leading up to Christmas.

I received no Call on the Friday so phoned them on Monday - repeatedly. The customer service department was on answering machine and the stores were closed until boxing day. I left a message but it wasn't returned.

At this point I was pretty certain the table wasn't going to turn up. However, I was reluctant to go out and buy another table (for example, from Ikea) as Harveys terms and conditions state that you only get a refund of half the amount if you cancel after 24 hours. Until they've actually failed to deliver on Christmas Eve you CAN'T cancel and get something else. By the time they've failed to deliver it's too late to get something else.

So we cancelled Christmas in our new home and went elsewhere. A HUGE dissapointment for everyone.

They called on Christmas eve (when it was too late for me to get something else) to say they would phone sometime in January to arange delivery.

We don't want their table - out of principle. My feeling is that this wasn't a genuine, unavoidable mix-up but a deliberate scam. I can't get anywhere with Harveys today so I've asked my Credit Card company to cancel the payment. They say that there should be no problem and I *should* have the money back within 5 days.

I feel I should be compensated and also get interest on the money that they took from me in November under false pretences, but don't want any more hassle. However, I have been told by another Harvey's 'Victim' that if your invoice states 'Pre-Xmas' (as mine does) then the Advertising Standards Agency would be very interested to hear from you.

Good luck to those of you still trying to sort this out!

blueboy4ever

Well i hand delivered my letter of complaint to the manager of the store where we ordered our sofas. I detailed in it the whole saga, the fact that they had promised Christmas delivery, etc etc.
Within 24 hours he had phoned me back, the first thing he did was apologise. He was the first to do this from Harveys in all of the conversations that we had had with them (and there have been many!)
He has also agreed to refund our delivery charge plus and extra £100 as a goodwill gesture for the inconvenience caused. Which i think is a fair offer.
I am still not over the moon with the situation and would be wary with buying from Harveys again unless i could take the item away with me on the day, but you live and learn from these situations i suppose.

I would compel anyone who is in the same situation to do the same thing and contact the store manager directly. Consumer Direct advised me that the Guaranteed Christmas Delivery does superseed other terms and conditions so you are entitled to compensation despite what Harveys customer service department say.

Best of luck, and roll on the 6th January when my sofas arrive (hopefully!)
:T

Tozer

kiddy_guy wrote: »

Well clearly Yes, it would.

My view would be that if they'd promised to deliver on 23rd but could not due to weather, that would be a fair usage of the clause.

But in both cases, they did not even attempt to schedule a delivery date, which suggests a complete lack of attempt to deliver at Xmas, which then indicates the stock was not available.

On that basis, I would suggest Harveys are taking the mickey and you should push for a refund.

OP does (did not) want a refund!

Ever seen a force majeure provision successfully invoked? I haven't.

Tozer

blueboy4ever wrote: »

Well i hand delivered my letter of complaint to the manager of the store where we ordered our sofas. I detailed in it the whole saga, the fact that they had promised Christmas delivery, etc etc.
Within 24 hours he had phoned me back, the first thing he did was apologise. He was the first to do this from Harveys in all of the conversations that we had had with them (and there have been many!)
He has also agreed to refund our delivery charge plus and extra £100 as a goodwill gesture for the inconvenience caused. Which i think is a fair offer.
I am still not over the moon with the situation and would be wary with buying from Harveys again unless i could take the item away with me on the day, but you live and learn from these situations i suppose.

I would compel anyone who is in the same situation to do the same thing and contact the store manager directly. Consumer Direct advised me that the Guaranteed Christmas Delivery does superseed other terms and conditions so you are entitled to compensation despite what Harveys customer service department say.

Best of luck, and roll on the 6th January when my sofas arrive (hopefully!)
:T

Good result OP and fingers crossed for you.

Pleased that Consumer Direct seem to have provided decent advice...this time.