Ebuyer failed next-day delivery- refusing full refund

clkaz
clkaz Posts: 487 Forumite
Part of the Furniture Combo Breaker
edited 7 July 2011 at 1:35PM in Consumer rights
I placed an order on Ebuyer.com yesterday at half two in the afternoon. I chose next day delivery for £7.49.

The item has not been delivered today, I have been in touch with Ebuyer who have simply stated that my order will arrive tomorrow, and they have therefore refunded £2, as this is how much I would have saved had I initially chosen the £5.49 Friday option.

Now, I understand where they are coming from but I paid good money for a next day service which they clearly failed to provide. As far as I am aware, it is the sellers responsibility to ensure I receive the item.

What really gets me is the fact that many people bought the same product, some ordered later than me, and chose the free 5 day delivery option and they have received their item today.

I wanted the product today. Had I wanted it later, I would have chosen the free 5 day delivery option.

Now, Ebuyer, or at least the rep I am in touch with are refusing to refund me the remaining £5.49. S/he is just stating that it is their policy to refund the surcharge incurred, which in my case is £2.

What are my rights, and what can I do? I know it isn't the end of the world, I know it isn't a massive amount of money but it is the principle of the matter i.e. they have not provided me with the service I paid for. I DID NOT pay for 2 day delivery, had I wanted 2 day delivery, I would have chosen that in the first place.

To make it clear, all I want is for my delivery charge to be fully refunded, not the actual item itself which I would like to keep
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Comments

  • pinkshoes
    pinkshoes Posts: 20,506 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 7 July 2011 at 1:22PM
    You could refuse to sign for it tomorrow, and reject it under the distance selling regs? It would then be returned to them, and you'd get a full refund.

    Otherwise, short of appealing to them that they didn't meet your next day requirement and should have a full refund on the postage, there's not a lot you can do.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • clkaz
    clkaz Posts: 487 Forumite
    Part of the Furniture Combo Breaker
    pinkshoes wrote: »
    You could refuse to sign for it tomorrow, and reject it under the distance selling regs? It would then be returned to you, and you'd get a full refund.

    Otherwise, short of appealing to them that they didn't meet your next day requirement and should have a full refund on the postage, there's not a lot you can do.

    The thing is I ordered the item because I want it, and am not too keen on refusing it and reordering as that would take delivery into next week.

    Is their no law out there that covers this? I.e. a seller not providing the service that was paid for
  • pcombo
    pcombo Posts: 3,429 Forumite
    Ebuyer didn't fail to delivery next day. The courier company failed that.

    Plus its only 1oclock couriers deliver up untill 6pm.
  • pinkshoes
    pinkshoes Posts: 20,506 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    clkaz wrote: »
    The thing is I ordered the item because I want it, and am not too keen on refusing it and reordering as that would take delivery into next week.

    Is their no law out there that covers this? I.e. a seller not providing the service that was paid for

    You paid for next day delivery, and got a 2 day delivery, so they're deducting the difference between the two delivery costs, and not charging any more than the service you were given.

    A decent company would refund the postage, but you can't make them.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • clkaz
    clkaz Posts: 487 Forumite
    Part of the Furniture Combo Breaker
    edited 7 July 2011 at 1:35PM
    pcombo wrote: »
    Ebuyer didn't fail to delivery next day. The courier company failed that.

    Plus its only 1oclock couriers deliver up untill 6pm.

    Yes, I understand where you are coming from but that isn't my fault.

    I paid for a service which I have not received. I should be entitled to a full refund. Ebuyer should be requesting a refund from their courier. It is may not be the seller's fault but they are using the courier and when things do get delayed, they should give a full refund.

    I forked out for the delivery because I needed it today ideally, not tomorrow!

    Am I not entitled to a full money refunded under the Supply of Goods and Services Act 1982?
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    clkaz wrote: »
    I paid for a service which I have not received. I should be entitled to a full refund.


    Of course you are, just return it under DSR simples.

    But if you think you will get a refund and keep the item, you are having a laugh!
  • clkaz
    clkaz Posts: 487 Forumite
    Part of the Furniture Combo Breaker
    Hintza wrote: »
    Of course you are, just return it under DSR simples.

    But if you think you will get a refund and keep the item, you are having a laugh!

    How?

    I just want a full refund on delivery, not on the item itself!!
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    clkaz wrote: »
    How?

    I just want a full refund on delivery, not on the item itself!!

    Oops sorry.

    I would certainly write and ask them, I think that is a reasonable request.
  • clkaz
    clkaz Posts: 487 Forumite
    Part of the Furniture Combo Breaker
    Hintza wrote: »
    Oops sorry.

    I would certainly write and ask them, I think that is a reasnable request.

    Lol :p

    I didn't ask for 2-day delivery. I wouldn't have forked out any money at all and I would have chosen the free delivery option had I known that I would not receive my order today.
  • pcombo
    pcombo Posts: 3,429 Forumite
    What is the item you ordered just out of curiosity.
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