Delivery rights discussion

bod1467

Your contract is with the seller - YOU have no contract with RM.

I'd suggest cancelling the order for a full refund, including delivery charges, under DSRs. If you do so and the item happens to arrive then refuse the delivery.

kris_cs1

Can anyone advise me if the compensation applies to taking days off for items to be picked up for a return?

Flyboy152

kris_cs1 wrote: »

Can anyone advise me if the compensation applies to taking days off for items to be picked up for a return?

I would imagine the theory of the concept would encompass all missed appointments.

CrispyUK

kris_cs1 wrote: »

Can anyone advise me if the compensation applies to taking days off for items to be picked up for a return?

I think it would depend on the reason for the return also, if you were returning because you'd changed your mind - I suspect this might be off your own back - if it was however because the goods were faulty or not as described then you'd have a valid basis for compensation.

Of course in all cases you should attempt to mitigate the loss as previously mentioned, it might make more sense for the supplier to pay a little extra for a Saturday collection compared to compensating you for a days wages, etc.

Chrissyt

arcon5 wrote: »

You took a day off why? Because they told you the goods would be delivered on that day and if your not home to sign for them they will be returned straight back to their depot? Or was it because you didn't want the extra hassle of phoning the courier to have the goods redelivered on a day you had off and therefore chose to take the day off instead?

I'm betting like most complaints on this issue it is the latter... because you only really need to be home on a specific day for goods suchas large appliances, pallet deliveries ect which could incur charges fo failed deliveries.

Thank for your sarcastic reply, as it's not very helpful at all really is it? I was forced to take an extra day off as the MUPPETS @ PLAY.COM tried to deliver my expensive item to the wrong address. I DID HAVE THE EXTRA HASSLE OF CALLING THE COURIER COMPANY DIRECTLY THANK YOU VERY MUCH AND re-arranged my delivery, thus being FORCED to take an additional day off. I DID NOT CHOOSE to take the day off, I would have liked not too actually.

DON'T REPLY TO MY POSTS UNLESS YOU HAVE SOMETHING USEFUL AND HELPFUL TO SAY OR CONTRIBUTE, YOU'RE NO HELP AT ALL.

Nestorama

Hi, just hoping someone can offer some advice. I recently placed an order with Better Bathrooms for next day delivery. This included several items that were required by a plumber to carry out his work. Instead it arrived 24 hrs late with just an apology, and me having to foot the bill for a plumber sat on his backside. All they will do is offer an apology. This is their latest reply:

Hi

I can totally appreciate where your coming from with regards to your workmen charges, however in our terms and conditions, it does state that we are not able to pay for any consequential losses. Specifically

“9.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.”

As this is a clear part of our policy then my escalating this any higher would not produce a different answer.

I apologise for any inconvenience that this matter may have caused.

Do I have any comback against this?

This company's PR is terrible, beware! :mad:

wealdroam

Nestorama wrote: »

Hi, just hoping someone can offer some advice. I recently placed an order with Better Bathroomsfor next day delivery. This included several items that were required by a plumber to carry out his work. Instead it arrived 24 hrs late with just an apology, and me having to foot the bill for a plumber sat on his backside. All they will do is offer an apology. This is their latest reply:

Hi

I can totally appreciate where your coming from with regards to your workmen charges, however in our terms and conditions, it does state that we are not able to pay for any consequential losses. Specifically

“9.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.”

As this is a clear part of our policy then my escalating this any higher would not produce a different answer.

I apologise for any inconvenience that this matter may have caused.

Do I have any comback against this?

This company's PR is terrible, beware! :mad:

Effectively, what they are saying is...
"unless you told us beforehand, there is no way we could possibly know that if we didn't deliver on the day and at the time agreed, you would have 'to foot the bill for a plumber sat on his backside'".

If you had made "time of the essence", then they would become responsible for consequential losses.
But having said that, I am pretty sure they would not accept a contract with that term in it.

Nestorama

Many thanks for your reply wealdroam. I'm going to contact Consumer Direct for further info.

wealdroam

Nestorama wrote: »

... I'm going to contact Consumer Direct for further info.

A good idea.

Nestorama, have you read their T&Cs?
Particularly where it says...

5.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

What is the delivery date set out in your Dispatch Confirmation?
If there is no date specified for delivery there, then thay appear to have 30 days to get the stuff to you.

If you paid extra for next day delivery and they did not provide that service, you can of course expect that 'extra' to be refunded.

kikabyte

I've used the template letter against a local insulation firm. They failed to carry out the insulation installation twice, and it wasn't until the third appointment they actually came and did the job.

I am claiming for a total of 9 hours of time off work. They have phoned today after receiving my letter to say they don't offer compensation for failed installation, and stating the fact that my 'priority booking' was their good will gesture. The priority booking they are referring to will be the fact that after the 2nd failed appointment, they booked me in for the 3rd appointment within 5 days.

So what now? I haven't yet paid for their services. So should I send them the due amount less my compensation and leave them to take it further with me if they wish? Or should I pay the invoice, then take them to court?

What would be seen as the correct thing to do in this situation by the courts?

Thanks in advance!