Is this just tough? (Re: Delivery charge)

aliasojo

I've just ordered a new router from an online company. At checkout, the drop down options box offered...

Super Saver Delivery - within 5 working days £2.99 (or free if spend is over £99.99)
Standard Delivery - within 4 working days £5.99
Express Delivery - within 2 working days £7.99
Next Day Delivery -next working day (if order placed by 4pm) £9.99

I paid for Next Day Delivery, order was made late on the 9th so expected it to be processed on the 10th and delivered today on the 11th.

I've just had an email this morning (11th) confirming my order but no despatch details yet so I called them.

Turns out they don't do next day delivery to my area. I pointed out this was not made clear when offering the drop down delivery options at checkout and although they agreed it's not clear during checkout they say it is mentioned in the t's and c's, so tough basically. They said that I would have been told this if I'd phoned the order in. (Which is a bit irrelevant really.)

They also say there is a note on the computer to say someone had tried to phone me about this yesterday which is a complete lie as I was in all day, on the couch as I wasn't feeling 100%. My adult son was also home.

I asked if they would consider making even a partial refund of the delivery charge as I felt I was paying for a service that wasn't available and that I wont be getting the router any quicker than if I had chosen free delivery, but they refused and said the charge could not be refunded. I may not get the router until Monday now but it's too late to cancel as it's already been dispatched. It's not even as if we can't get next day delivery here, other companies manage it, it's just that their couriers don't do it.

Anything I can do or just shut up and put it down to experience? I just feel it's so unfair the way this has happened and their response to it, although I accept it is mentioned in their t's & c's.

It seems a bit sneaky to offer something that they can't supply, take payment for it and then don't fulfill. Other sites I've used will only allow available delivery options as soon as your postcode is typed in so this situation doesn't happen.

My only small bit of satisfaction is that I'm going down the route of installing a hard wired home network and will be spending quite a bit on networking equipment over the next few weeks. Given the hard stance taken by this company over a delivery charge, and the blatant lie about phoning, I don't think I'll be giving any of my business to them.

derrick

Why not just cancel it under DSR?

There should be no costs incurred by you at all inc P&P, see page 22 of OFTs BUSINESS GUIDE TO DSR

“Can a consumer cancel an order before they receive the goods or where goods are lost in transit?
3.35 Yes. Where the DSRs give consumers rights to cancel, this right is unconditional. If consumers cancel before they have received the goods you must refund the total price of the goods, including any delivery charges. Consumers who have cancelled under the DSRs may refuse to accept delivery of the goods. Refusal in such a situation cannot be treated as a breach of contract."


See also DSR Statutory Instrument 2000 No. 2334

"Section 10
(2) Except as otherwise provided by these Regulations, the effect of a notice of cancellation is that the contract shall be treated as if it had not been made."





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hr100

That is disgusting that they wont refund your delivery charge.

What company is it please?

Darksun

I'm guessing it's eBuyer. I always select the super saver option, and in most cases I still get it within 2 days

aliasojo

Many thanks for your advice derrick. After calling the company (OYYY) back, I spoke to a very pleasant and helpful lady who immediately agreed to cancel the order and refund the item cost and the delivery cost. Shame really, because I'd have left the order with them if they'd been willing to alter the delivery charge a little. Seems they're happy to lose a sale rather than show any leeway on the delivery. I wasn't even after a full delivery refund, only partial, which I thought was fair.

Slightly confused about one thing though, the first person I spoke to told me the item had been dispatched and was on it's way. This lady told me it hadn't even left them yet. So someone is (still) telling porkies. Not to worry, at least I'm not paying for a service I'm not getting.

Will order elsewhere now.