Have I paid under false pretenses?

tomwakefield

Hintza wrote: »

Even a small claims case would unlikely succeed in my view.

I disagree. While you should read the T&Cs, I think if you can select an option while ordering, that option is available. If not, it shouldn't be selectable, and they certainly shouldn't charge the customer for a service they're never intending to perform.

unholyangel

tomwakefield wrote: »

I disagree. While you should read the T&Cs, I think if you can select an option while ordering, that option is available. If not, it shouldn't be selectable, and they certainly shouldn't charge the customer for a service they're never intending to perform.

I agree. As i said before, i'm pretty sure charging for a service which is not provided is covered under the Unfair Contract Terms.

While i also agree it isnt reasonable to expect a full refund, I do feel the company in question should:

a) refund guaranteed delivery charge and
b) offer the OP a token goodwill gesture for the arrangement arriving late.

After all, the flowers were delivered (albeit late) and i presume the recipient is happy with them?

Hintza

tomwakefield wrote: »

I disagree. While you should read the T&Cs, I think if you can select an option while ordering, that option is available. If not, it shouldn't be selectable, and they certainly shouldn't charge the customer for a service they're never intending to perform.

Well then the OP should take the company to court.

I still don't understand how people expect a "small " company to get the flowers to a customer the next day (unless local). Defies logic and that in itself would have warranted a quick look at the T&Cs where all would have become clear.

Mara69

My two pennorth: The OP was foolish expecting the delivery to actually take place the next day when the order was placed so late. Personally, I would have checked the Terms & Conditions (that I think are clear). Having said that, the company should refund the charge as they obviously have not delivered 'next day' and should look at updating it's website to make it clearer. Is it worth taking further? No. You've tried to get the unfair charge refunded, they refused. Learn from it and move on.

sammi-m

Hintza wrote: »

But hey ho I'm not saying what the OP wants to hear so my view is unhelpful.

Im looking for all opinions not just to be on my side hence my original post (last sentence) stating:

"Anyone agree? Or am I wrong."

sammi-m

unholyangel wrote: »

After all, the flowers were delivered (albeit late) and i presume the recipient is happy with them?

Yes she is happy with them.

sammi-m

Mara69 wrote: »

Learn from it and move on.

I dont give up that easily

Mara69

sammi-m wrote: »

I dont give up that easily

So what is your next step? Small claims court? More angry e-mails? Picketing the company? It's not about giving up, its about cutting your losses; accepting that sometimes you have to learn lessons and move on.

Flyboy152

halibut2209 wrote: »

I'll bite.

They provided the goods, they didn't provide the service so the OP is entitled to a refund of the service charge.

Why do they have the right to get a refund for the flowers? They are not covered by DSR, and they are fit for purpose.

Because they did not conform to contract. Having them delivered on the specific day formed a material part of the contract; that part was not fulfilled.

Flyboy152

Hintza wrote: »

Don't think the did their T&Cs are quite clear:-

You may also choose courier delivery for an additional £5.50(see normal delivery schedule below) Normal Delivery Schedule-Courier Deliveries Monday to Thursday: all orders must be placed by 3.00 pm British Standard Time to ensure next working day delivery. Orders placed after 3.00 pm on Thursday will be processed on Friday for delivery on Monday. Orders placed after 3.00 pm on Friday will be processed on Monday for delivery on Tuesday. Delivery Days are Monday to Friday.

Then that is an unfair term. They advertised on the front page of their website that they promise to deliver the next day, if the order is received by 23:30. That is what attracts consumers to their service. They cannot shout one thing and whisper another.

Don't forget they actually confirmed......

Shipping Speed:
Guaranteed Delivery Date
18/11/1