Advice needed with online order

lucyjh

I'm new here and could do with some advice.
I placed an online order (and paid up front) for some made to measure curtains in August and was told to expect delivery in 4-5 weeks.
At the end of September there was still no sign so I emailed the company and was told there was a slight delay due to a fault in the fabric. Since the end of September I've had no further contact from them and have phoned and left messages and emailed many times. I have had no response at all and they never answer the phone.
As my son had no curtains I was forced to buy alternative curtains, thinking the company must have gone bust.
Today I've received an email saying my curtains are now with a courier. It's over three months since the order, and over two months since they last contacted me and I now do not want the curtains.
Where do I stand? should I accept delivery when they arrive? The cost is over £200 and I think the timescale is totally unreasonable.
Any advice appreciated

McKneff

I dont think you have any redress to be quite honest, because they were made to measure.

You should have been more vigorous at chasing them up instead of just assuming they had gone bust. A recorded letter would have been appropriate.

lucyjh

Thanks, I didn't think of a recorded letter. Was phoning them daily with no response.

lucyjh

As the goods are personalised is there no come back even if delivery is way beyond that agreed at the time of sale?

ThumbRemote

Your only possibility is if you cancelled the order with them, and have proof of such (eg the email cancelling). If you just left things open then the order was never cancelled.

lucyjh

Thanks. I do have an email where I told them I wanted to cancel over a month ago. I just don't know whether I should accept delivery of the goods fromt the courier or not. I've tried phoning the company today but of course get no reply.

unholyangel

lucyjh wrote: »

Thanks. I do have an email where I told them I wanted to cancel over a month ago. I just don't know whether I should accept delivery of the goods fromt the courier or not. I've tried phoning the company today but of course get no reply.

Refuse delivery.

DSRs state that a contract should be performed within 30 days unless otherwise agreed (which looks like you agreed on 4-5 weeks but check the T&Cs to be sure there is no mention of "we'll try get it sooner but it may take x weeks/months"). If they cant complete the contract within the period of performance, they should refund you in full - especially if you've sent a notice of cancellation.

(2) Subject to paragraphs (7) and (8), where the supplier is unable to perform the contract because the goods or services ordered are not available, within the period for performance referred to in paragraph (1) or such other period as the parties agree (“the period for performance”), he shall—

(a)inform the consumer; and
(b)reimburse any sum paid by or on behalf of the consumer under or in relation to the contract to the person by whom it was made.


(5) A contract which has not been performed within the period for performance shall be treated as if it had not been made, save for any rights or remedies which the consumer has under it as a result of the non-performance.