Can online company charge delivery fee for goods not received?

oneborneveryminute

I ordered a fridge from on online company back in early July. I paid the money over by bank transfer and the company gave me a delivery date for mid July. As I was not going to be in on the date of delivery due to my flat being refurbished, my neighbour agreed to receive the fridge.

Just days before the delivery, the company contacted me to say that they would have to delay the delivery by a whole month. I was not pleased about this but as I already had a fridge, I thought there was no harm in waiting. I asked them to waive the delivery fee, but they refused.

The company then tried to deliver the fridge in mid August but my neighbour wasn't able to receive the fridge for some reason and so the fridge was not delivered.

I asked the company to make a further attempt but they said they would charge me an additional delivery fee of almost £50 for the failed attempt. I told them this was unfair especially given their !!!! up the first time round. I cancelled the order and asked for my money back. They have agreed to pay me back but minus the delivery fee.

Have they the right to charge me for goods not received?

williham

But you did receive the delivery

oneborneveryminute

The delivery was not received.

Fosterdog

But the company sent the fridge, it's not their fault you or your neighbour were unable to receive it they have either paid a courier and will have to pay again or they have paid their own staff and used their own van to attempt delivery.

When they tried to deliver it mid August did they contact you beforehand to tell you what day it would be delivered?

oneborneveryminute

The courier called me on the day of delivery to say he was attempting delivery. I asked him if he could instead deliver directly to my address. He said he would get back but I never heard from him.

Colin2511

I am sure someone will correct me if I am wrong..;)
But..as this is an online purchase, surely this is covered by DSR?

The fact you have not had the delivery, cancel the order and you should get a full refund. - as they have to refund the whole purchase, not just the item cost.

The only issue I see with this is that you have XX days to return the item, (and the return of an item not required is at your cost if they specify) - so they could say tehy are charging you for returning the item, if they wanted to get naughty

You can then repurchase the item..

This means you have only paid one delivery charge

as you paid by BACS, not paypal or CC, means you may have a fight to get your monies back though

Hintza

I would have thought the company are on shaky ground here but this is going to take some determination to get your money back.

arcon5

The company can charge you the direct costs of returning goods to them, so long as their terms permit so.. I suspect they will argue this point as under DSRs they would have to refund your original postage

malchish

1) I do not think the contract said that only one delivery attempt will be made.
2) Delaying delivery for over a month is unreasonable.
3) Under DSR they must refund fully within 30 days. They are not allowed to deduct the cost of return from the refund.

Write to them, ask for a full refund. Wait for them to be out of 30 days limit -they will be in breach of DSR.
Then write letter before action.
Two weeks later, if they have not refunded, issue a claim on moneyclaimonline.co,uk

pickpocketlocket

malchish wrote: »

1) I do not think the contract said that only one delivery attempt will be made.

How do you know what the contract said?

malchish wrote: »

2) Delaying delivery for over a month is unreasonable.

Not if the customer agrees to it.

malchish wrote: »

3) Under DSR they must refund fully within 30 days. They are not allowed to deduct the cost of return from the refund.

They are allowed to deduct the cost of return if the contract states that they will, although that is irrelevant here - do you mean the delivery cost, as stated in the OP?

oneborneveryminute

After I disputed the penalty charge for the failed delivery, the supplier cancelled the order without my consent but still deducted the charge from the money I paid.