Have I paid under false pretenses?

sammi-m

Hi there.

Could anyone clarify that I have indeed paid under false pretences.
I bought online from British Bouquets . co . uk some flowers and a bottle of wine for my sister on her Birthday which was last Friday the 18th.

I trawled the internet to find next day delivery even though I was looking at the time around 9pm in the evening. I believed I had found one that would take an order up until 11.30 pm in the evening, however this wasn’t the case.. (I am still confused as why or how the confusion.. but no matter)

I found what I wanted to send and went through the usual motions and It also gave me the option to choose a guaranteed delivery date of which I ticked the box for this and duly put in the 18/11/11 and paid etc... as far as I was concerned all done and dusted and she would receive the next day.

However this was not the case. I emailed immediately after my sister said she has not received them on this date asking why? and as they had not been delivered; for my money to be returned of the guarantee. I received a mail back saying that the delivery was with the courier and that it has gone past the delivery time of 3pm.

My sister called me yesterday (Monday 21/11/11) to say that they had arrived. That is great and I am happy she got them however I feel that I should not have been allowed to have put in a date of which they could not guarantee. I emailed them again yesterday stating I felt that this was the case and asked again for my money back and that I would not be using their site again. I received yet another simple, no feeling email to say that the 3pm cut off is in the terms and conditions and that she was sorry I felt that way and left it at that.

I do not dispute that I have somehow got the times mixed up but feel that I paid for the 'guaranteed delivery date' of £5.50 under false pretences. If this has happened to me, then how many more unsuspecting customers have done this? Add up all the £5.50's and they are doing very well out of it as again I feel they have absolutely no intention of refunding.
Anyone agree? Or am I wrong.

Thanks Sammi

somethingcorporate

Do the T&Cs that you agreed to say next day delivery can only be guaranteed if you order before 3pm?

bod1467

First thing - you should have received a delivery confirmation email. Did you? If you did, did it state a delivery date? That said, if their T&Cs state a 3pm cut-off for next-day delivery then it's pretty tied up. However I believe you should be entitled to a refund of the difference between normal and next-day delivery, especially as they didn't give "next day" (Sat 19/11) anyway.

But you committed a fatal mistake in your email to them - saying that "I would not be using their site again" gives them little or no motivation to help you.

somethingcorporate

bod1467 wrote: »

But you committed a fatal mistake in your email to them - saying that "I would not be using their site again" gives them little or no motivation to help you.

Even more so if the OP was 100% in the wrong!!

sammi-m

Yes the terms and Conditions do state 3pm.. I am silly but feel that this is still wrong and that their website needs to be updated to alleviate this happening.. However as I said, I originally believed that the cut off was 11.30pm hence not checking over the T&C's before clicking the next button.

I also have made the fatal mistake of saying I wont be using their site again, but I thought that would want them to keep me, not the other way around..

bod1467

sammi-m wrote: »

I also have made the fatal mistake of saying I wont be using their site again, but I thought that would want them to keep me, not the other way around..

It depends on how you worded it. If you had said "my experience has disinclined me to use your website again - I hope you can offer a level of customer service to change this view" then that would be a different matter.

sammi-m

I didnt get an email, but I have the details on the account set up with them.. and I copied the invoice that came as a pop up after payment. As you can see I even left instructions for them with the date on.. they could have emailed me of this mistake and we could have sorted it out.


Order Status: Shipped
Any Special Delivery Instructions: Delivery in the am of the 18th Nov, as early as possible please. If not please leave with neighbour to the right looking at the property if not in. If in doubt please call me on No. provided or ............... Thanks Samantha

Ship To:
Tina Woollard
ADDRESS DELETED
FOR OBVIOUS
REASONS.

Shipping Speed:
Guaranteed Delivery Date
18/11/11

Items Ordered: Price: Status: 1 of :flowers bouquet [Gift Card Selection:Free Card Message (Free)][Add Chocolates:No Chocolates][Add Wine:Red Wine (75cl)]
£26.98 Shipped

pendulum

Guaranteed delivery date of 18/11/11 is just the option you chose, if it says elsewhere the cut off is 3pm then you shouldn't have chosen that option because it isn't valid IMO. The website could be better but you could have taken your time and noticed the cut off time. You were obviously in a manic rush to order the flowers because you'd left it to the last minute and couldn't.

When you say you want a refund, I take it you mean of the extra delivery charge rather than the whole order?

sammi-m

pendulum wrote: »

Guaranteed delivery date of 18/11/11 is just the option you chose, if it says elsewhere the cut off is 3pm then you shouldn't have chosen that option because it isn't valid IMO. The website could be better but you could have taken your time and noticed the cut off time. You were obviously in a manic rush to order the flowers because you'd left it to the last minute and couldn't.

When you say you want a refund, I take it you mean of the extra delivery charge rather than the whole order?

I was not in a manic rush, but I was stupid enough not to double check that time again.. yes that is my fault and as stated from the beginning I dont have much of a problem with that..

Yes I do only mean the delivery charge and not the full amount..

bod1467

Have you specifically asked them to refund the delivery charge (or at least the difference between normal and next-day)? (This is not clear from your info so far).

sammi-m

bod1467 wrote: »

Have you specifically asked them to refund the delivery charge (or at least the difference between normal and next-day)? (This is not clear from your info so far).

Yes I have and normal delivery is free.