Delivery rights discussion

Lulunroo

I understand people make mistakes but I thought the whole point of Martin Lewis providing advice on consumer rights meant that there was an issue and that it can be followed up?

[Deleted User]

Lulunroo wrote: »

I thought the whole point of Martin Lewis providing advice on consumer rights meant that there was an issue and that it can be followed up?

As I said, you have your items and you've suffered no material loss.

You can't even argue that you had to take extra days off work (you were on maternity leave anyway).

Are you really seeking compensation because the "surly" customer service representative put you on "mute"?:eek:

I also doubt you needed anywhere near £40 worth of petrol to get to your local store.

As for "emotional distress", well..........

Once again. just enjoy your pregnancy and get on with your life. No court will award you hundreds of £s for a failed delivery.

(Incidentally, Martin Lewis sold this site for £millions some years back. He no longer plays an active role here.:money: )

custardy

Lulunroo wrote: »

Email and on the day Yodel's tracker app was used. I took screen prints of the Yodel tracker app as evidence once it became apparent that there would be issues receiving the others.

That isnt evidence. Yodel dont guarantee delivery days. Being out for delivery doesnt mean it will be delivered that day. (as you found out)

Lulunroo

I hadn't started maternity leave at the point of delivery. I had to take an additional 2 days off work for which I'd normally be paid £100 per day for... I've seen on here that you've advised others about claims for losses incurred as part of days pay being lost. That forms the substantive part of my claim...

[Deleted User]

Lulunroo wrote: »

I hadn't started maternity leave at the point of delivery. I had to take an additional 2 days off work for which I'd normally be paid £100 per day for... I've seen on here that you've advised others about claims for losses incurred as part of days pay being lost. That forms the substantive part of my claim...

That, plus petrol for your additional trip should be all you are "claiming" for as those are your only material losses. You'll obviously have to provide some proof that you are indeed paid £100 a day, of course.

The only "advice" I gave earlier in the thread was that the poster concerned should send proof of earnings. He didn't return to update on any success or likely failure.

Toki

Hi,

I'm trying to get compensation from Toys R Us due to the courier losing a delivery and having to get it reordered and delivered on another day.

However, they are saying due to their T&Cs they don't need to. It states "We cannot be held responsible for delays in the delivery caused by our suppliers, or any other third party." under section 6.1.

http://www.toysrus.co.uk/toys/content/terms_and_conditions

Has anyone dealt with them before and a word of warning for others using Toys R Us.

wealdroam

Toki wrote: »

Hi,

I'm trying to get compensation from Toys R Us due to the courier losing a delivery and having to get it reordered and delivered on another day.

However, they are saying due to their T&Cs they don't need to. It states "We cannot be held responsible for delays in the delivery caused by our suppliers, or any other third party." under section 6.1.

http://www.toysrus.co.uk/toys/content/terms_and_conditions

Has anyone dealt with them before and a word of warning for others using Toys R Us.

Did you not read point 6.3 of those T&Cs?
Which says:

6.3 You bear the risk once the products have been signed for/delivered.

To put it another way, Toys R Us are responsible for the goods until they are delivered.

But wait...
Are you actually seeking compensation as well as the goods being re-delivered?
If so, then Toys R Us are correct.

In the article linked from the original post you will have seen:

...there's a useful little legal phrase called 'time is of the essence'. This means when you buy goods or order a service, it must be delivered within a specified time (eg, before Christmas). If this isn't in the agreement and there's no specified date, the only obligation is that it must be delivered within a 'reasonable' time, and that is rather loose.

Toys R Us have clearly said that any delivery date is only an estimate.
The first sentence of that 6.1 term confirms:

Any date or period for delivery will be considered as indicative only, although it is our policy to try to fulfil standard delivery orders within 4 working days and named day deliveries on the specified day.

Toki

wealdroam wrote: »

Did you not read point 6.3 of those T&Cs?
Which says:

To put it another way, Toys R Us are responsible for the goods until they are delivered.

Thanks. The goods have now been delivered. Do you mean that I no longer have a case as they are no longer responsible?

Just read your updated post. Ok, thanks for clarifying. That makes sense. Is this the case even though I had to take another day off work. Obviously I can't claim for the original expected day of delivery. I was claiming for the second delivery where I had to take additional time off.

I should add (second edit!) that the first delivery, I got a text stating exact date of delivery, only when I contacted the courier, they confirmed it was lost.

Riggsy1367

Hi All
Does a cancelled repair visit qualify?
I took today off work to await a Bosch engineer to fix a vacuum cleaner, any time between 8am and 6pm. Got a phone call this morning to say the engineer was ill and couldn't make it. I have had to take another day off later this month for a re-arranged appointment.
Do I have any grounds to claim?
TIA

R

wealdroam

Riggsy1367 wrote: »

Hi All
Does a cancelled repair visit qualify?
I took today off work to await a Bosch engineer to fix a vacuum cleaner, any time between 8am and 6pm. Got a phone call this morning to say the engineer was ill and couldn't make it. I have had to take another day off later this month for a re-arranged appointment.
Do I have any grounds to claim?
TIA

R

Yes, in he same way that you can claim if a delivery fails to turn up.
The principle is exactly the same.

You will have read that you haven't actually suffered a loss yet as you were planning to take today off. But you can claim for your losses due to a second visit becoming necessary.

You might like to advise them that you will be claiming, and thus give them the opportunity to visit when you are 'freely' available, e.g. evening or weekend?