charge for amended delivery and failure to deliver

missamoo

My parents recently bought a mattress and a headboard from Dreams and I have been shocked at the service they received.

Firstly, my dad made an error and they ordered a King size mattress and headboard instead of a double (he measured the quilt, not the bed silly man!) When they rang up to change the order, not only are they still being charged for the King size products, which are considerably more expensive than the double, but Dreams tried to charge them a 20% amendment to order fee! They managed to talk them down to 10% but it seems a right rip of to me.

Delivery was arranged for yesterday and they made sure they were in all day to receive it. By 4pm when it still hadn't arrived they rang up the courier Yodel to find out where it was, to be informed that i hadn't even arrived at the depot yet! It seems that Dreams arrange a day for delivery, but don't ensure that the product will be at the delivery depot for it to be delivered! They've been told it won't arrive at the depot until 24th Dec, which means they're unlikely to receive their goods before the new year. Apparently the way their system works is that they book a date regardless and if it isn't delivered they just rebook another date.

fortunately they are both retired so more annoyed than anything, but imagine they'd got rid of their old mattress to make room for the new one and so ended up sleeping on just the divan bottom part of the bed into the New Year?

Any ideas on what their rights are in this situation. the order was made in store so distance selling rights don't apply i think.

pinkshoes

When was the delivery date booked? When the initial order was made, or when your dad realised he'd made a mistake and changed the order?

unholyangel

missamoo wrote: »

Any ideas on what their rights are in this situation. the order was made in store so distance selling rights don't apply i think.

Just saw this part so i'll amend my post

While they won't be able to cancel under DSR's, theres nothing to stop them cancelling for non-performance of contract Were your parents given any documents or anything relating to terms and conditions of sale and/or delivery?

missamoo

An initial delivery date was arranged, then another delivery date was arranged when they amended the order. Would they be able to claim for the 10% amendment of order charge?

arcon5

missamoo wrote: »

An initial delivery date was arranged, then another delivery date was arranged when they amended the order. Would they be able to claim for the 10% amendment of order charge?

If you purchased instore then yes.. since you have no statutory right to cancel the order they could have even refused to change it.

With regards to non-performance, you'd need to read their terms first as most companies estimate the delivery date and won't offer a guarantee on this. If this isn't the case and it was contractually agreed a specific date you'd have a case to reject it.

Telephone them and ask if they would consider refunding the amendment fee as a gesture of goodwill for the failed delivery.

arcon5

missamoo wrote: »

My parents recently bought a mattress and a headboard from Dreams and I have been shocked at the service they received.

Firstly, my dad made an error and they ordered a King size mattress and headboard instead of a double (he measured the quilt, not the bed silly man!) When they rang up to change the order, not only are they still being charged for the King size products, which are considerably more expensive than the double, but Dreams tried to charge them a 20% amendment to order fee! They managed to talk them down to 10% but it seems a right rip of to me.

Delivery was arranged for yesterday and they made sure they were in all day to receive it. By 4pm when it still hadn't arrived they rang up the courier Yodel to find out where it was, to be informed that i hadn't even arrived at the depot yet! It seems that Dreams arrange a day for delivery, but don't ensure that the product will be at the delivery depot for it to be delivered! They've been told it won't arrive at the depot until 24th Dec, which means they're unlikely to receive their goods before the new year. Apparently the way their system works is that they book a date regardless and if it isn't delivered they just rebook another date.

fortunately they are both retired so more annoyed than anything, but imagine they'd got rid of their old mattress to make room for the new one and so ended up sleeping on just the divan bottom part of the bed into the New Year?

Any ideas on what their rights are in this situation. the order was made in store so distance selling rights don't apply i think.

Surely it's Yodel responsible for transporting the product to the depot for which it ill be delivered from, not Dream? Afterall that's what they are paying the courier to do -- transport it from them to you.

missamoo wrote: »

fortunately they are both retired so more annoyed than anything, but imagine they'd got rid of their old mattress to make room for the new one and so ended up sleeping on just the divan bottom part of the bed into the New Year?

Any ideas on what their rights are in this situation. the order was made in store so distance selling rights don't apply i think.

There's been alot of threads around here of people being let down on delivery dates for things like kitchen appliances/beds/ect having already disposed off the old ones -- leaving them sleeping on the floor for example :eek:.

I'd never recommend getting rid of the old until your physically have and have inspected fully the new.