reasonable delivery time/3rd party couriers/delivery charges

dwhite1313

Hi all,

Need a bit of help trying to figure out what my rights are. My girlfriend ordered a scooter online on the 16th of May. The delivery terms during the purchasing process was 3 working days for £85. It's been 3 weeks and still no sign of the scooter, and each time the past two weeks we have contacted the supplier, they told us it would be there by the end of the week. Still nothing. So now we want to cancel, and the supplier is telling us they won't refund the £85 because they need to get the scooter back from the couriers. On their website it does say that upon cancellation, if the bike has been dispatched, the fee will be the same as the delivery fee for them to recover it. We haven't received any e-mail with dispatch notice, and certainly haven't received the bike.

My question is this, do we have any recourse given they have taken 3 weeks over what they stated it would take to deliver, and are we accountable for a delivery fee when we don't even know if the bike has left their shops, as we have yet to receive notice of that happening?

We have received the order process e-mail and the invoice, but nothing saying it has been dispatched.

Any help appreciated,

Thanks.

wealdroam

On page 22 of the OFT's Guide to the Distance Selling Regulations we are told...

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.

And on page 25 we see...

What specifically do I have to refund to the consumer if
they cancel?
3.48 The DSRs require you to refund any money paid by or on behalf of
the consumer in relation to the contract to the person who made the
payment. This means the full price of the goods, or deposit or prepayment
made, including the cost of delivery. The essence of
distance selling is that consumers buy from home and receive goods
at home. In these circumstances, almost every case of home
shopping will involve delivery of the goods ordered and so delivery
forms an essential part of the contract.

Page 20 tells you how to cancel...

What must my consumers do if they want to cancel?
3.26 They must tell you in writing, or in another durable medium, if they
want to cancel. This includes letter, fax or email. A phone call is not
enough unless you say in your terms and conditions that you will
accept cancellations by phone.

Forwandert

Where is the scooter ordered from? quite a lot are ordered/shipped from China.

dwhite1313

Thanks a lot for the quick response. I had read about the DSR and on some websites they claim that in some cases, the delivery charge can still be enforced to recuperate the item. And as I said, in their T&C from the website, it states:

If the goods have been dispatched before you cancel we will organise collection at your own cost and such cost which will be the same as the original delivery price paid by you.

Now, as I said, we have yet to receive any correspondence from them aside from the invoice and order process e-mail to imply the item has been dispatched, but they still claim it has been sent. Am I still in the right here?

Thanks.

dwhite1313

Forwandert wrote: »

Where is the scooter ordered from? quite a lot are ordered/shipped from China.

scooter.co.uk - horrible...

wealdroam

dwhite1313 wrote: »

Thanks a lot for the quick response. I had read about the DSR and on some websites they claim that in some cases, the delivery charge can still be enforced to recuperate the item. And as I said, in their T&C from the website, it states:

If the goods have been dispatched before you cancel we will organise collection at your own cost and such cost which will be the same as the original delivery price paid by you.

Now, as I said, we have yet to receive any correspondence from them aside from the invoice and order process e-mail to imply the item has been dispatched, but they still claim it has been sent. Am I still in the right here?

Thanks.

I would be inclined to cancel the contract by sending them an email. Make sure you are clear that you are cancelling under DSRs.
It might be a good idea to tell them that if the thing arrives, you will refuse delivery.

They must refund all monies paid, including any delivery charge you have paid to get the thing to you.

From what you say, it looks like they have clumsily tried to state that you are responsible for the cost of returning the thing to them if you cancel.
Whether you do have to pay that cost if you refuse delivery, I am not sure. But if you accepted the delivery and then wanted to cancel, then you would have to cover the cost of getting the thing back to them.

Forwandert

It says on the terms page if you don't recieve your order within 30days email them for a refund, I would wait a little longer as your nearly at that timescale, 30 days is mentioned quite a lot in the terms so I'm guessing they are shipping them in.

easyhost

dwhite1313 wrote: »

Thanks a lot for the quick response. I had read about the DSR and on some websites they claim that in some cases, the delivery charge can still be enforced to recuperate the item. And as I said, in their T&C from the website, it states:

If the goods have been dispatched before you cancel we will organise collection at your own cost and such cost which will be the same as the original delivery price paid by you.

Now, as I said, we have yet to receive any correspondence from them aside from the invoice and order process e-mail to imply the item has been dispatched, but they still claim it has been sent. Am I still in the right here?

Thanks.

regardless to what they have written in their TOS, the DSR would over ride these.

easyhost

Forwandert wrote: »

It says on the terms page if you don't recieve your order within 30days email them for a refund, I would wait a little longer as your nearly at that timescale, 30 days is mentioned quite a lot in the terms so I'm guessing they are shipping them in.

they are 100%

http://www.scooter.co.uk/scooter-faqs.html#where-manufactured

Are your scooters manufactured in the U.K. ?
We are a UK company and to keep costs low our scooters are manufactured abroad in China and India.