Have I paid under false pretenses?

Flyboy152

Hintza wrote: »

Point 1; their T&Cs don't promise it (thy count a 24 hour period from 3pm to calculate what is next day and it oes sound like th website needs tweeking)

Point 2; what is your point? If I would double check at 9pm then I would be even more sceptical abot 11pm

Point 3; from what they say on their website it looks as if they pack and post their flowers via courier.

The website needs to stop promising something they do not intend delivering. It is not a matter of "tweaking," it is a matter of false advertising. They promise to deliver the next day, if the order is received by 23:30, I am sure there is no argument there. The OP received an e-mail from them guaranteeing that service, again, no argument there. The OP was charged extra for that service and therefore if they do not deliver the service the OP has paid for, the OP is entitled to a refund.

The very fact that they contradict themselves in their terms and conditions, further reinforces the OP's position. The clause in the terms and coditions is an unfair term; again, I am sure there would be no argument with that either. So, I find it difficult to understand why anyone would bother disagreeing at all.

Flyboy you and I have this argument frequently and much of the time you are technically correct. Taking an analogy for your argument:-

If you are a villager in the Sudan when the Janjaweed attack it is all very well telling them that they are not alowed to kill you and enslave your children as it is against international law but you will still be dead and children enslaved.

You must take a more pragmatic approach to life an pick the battles you are likely to win. Sure you can go tilting at windmills but that won't necessarily help you.

The OP now has this choice and Mara69 is asking that question as am I.

What an absurd analogy, it bears no relationship to the OP's case.

halibut2209

Flyboy152 wrote: »

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.

Can you confirm whether you believe that the OP would have the rights to keep the goods as well as a refund. Or do you believe they should have to return the goods?

Flyboy152

halibut2209 wrote: »

Can you confirm whether you believe that the OP would have the rights to keep the goods as well as a refund. Or do you believe they should have to return the goods?

Those are separate issues. If the goods are perishable, I doubt the retailer would want them back, but that is irrelevant to the OP's case, in terms of receiving a refund. I am sure the OP wouldn't have had any issues about returning them. This is not about what the OP has or hasn't done, it is about what the duties are of the seller.

halibut2209

I didn't ask whether the OP would have issues in returning. I am asking you is if the OP received a FULL refund, would he/she be bound to return the goods if required? It's a very simple question.

Flyboy152

halibut2209 wrote: »

I didn't ask whether the OP would have issues in returning. I am asking you is if the OP received a FULL refund, would he/she be bound to return the goods if required? It's a very simple question.

I presume they would.

halibut2209

As they should. So then it comes to under what law is the OP entitled to a refund of the goods. It's not DSR (perishable goods). It's not SOGA (as the goods were fit for purpose). You've said "contract law", but I'd like to know what part of contract law means that you can get a full refund for late delivery, especially since the goods were accepted on delivery. Facts, not opinions, would be appreciated.

sammi-m

Flyboy152 wrote: »

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

You are so right. They constantly bang on about delivering when requested, such as this from their home page:

"Our dedicated flower courier service ensures you receive your flowers by post on the day you want and no later."

visidigi

ALL it would take is one of these - *

Next to the guaranteed delivery date and this below it -

'Subject to cut off, please refer to the terms and conditions here' where the word here links to the terms.

Thats ALL they need to do, you wont be the first and you wont be the last - and quite honestly britishbouquets.co.uk need to fix this. And when this shows up on your Google searches Britishbouquets.co.uk please make sure you do the above - otherwise you will continue to do the opposite of your promise and disappoint each and every 'victim'.

Thanks

tomwakefield

Hintza wrote: »

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.

If a company advertises a next day service, I would expect them to have a system by which they can provide that service. The finer details are irrelevant to me as a customer.

bod1467

Hintza wrote: »

I now hope they get their IT guy to link their next day dispatch box to a clock.

Whose clock? Websites run in the visitor's web browser so any website clock would be whatever time was set on the visitor's computer. Unless the website used the server's clock - but this can only be checked on page load, so realistically this would need to be checked after the visitor submits their order.

Obviously it would be easy to display a notice when the page is first loaded if the Next Day order by time had passed, but this wouldn't be 100% foolproof.

(I'm not defending the company - I'm just saying that implementing a clock check is not as easy you infer. They should still do it though).