Flowers Delivered Late, Missed Event. Seller not Refunding

dollydiva

I ordered flowers online via a website promising Next Day delivery if ordered prior to 3pm. My order was placed in the morning for my friends 50th birthday, the next day.
It stated on the website that Birthday flowers would be delivered by 4 pm so when my friend had not received them by 6pm, I called and was rudely told that delivery could be up until 8pm "at Christmas" and that the flowers were on the van.
The flowers did not arrive that day and missed the party entirely. We bought new flowers on the way to the venue.
We emailed the seller and requested a refund that evening. The flowers arrived the next morning; i had intended to refuse delivery, but Parcelforce left the parcel in my Porch whilst we were out.
I called the seller and he was again rude and refused a refund, but offered a complimentary bouquet, which I refused and asked for a refund. I have followed this up with emails, but there has been no response, or refund.
Can someone please advise how I stand here? I have no use whatsoever for these flowers, dont want any free flowers, I want my money back!

Dd

shaun_from_Africa

Contact your credit or debit card issuer if you paid that way, tell them what happened and request a chargeback for the money.

Hopefully there shouldn't be a problem as this seems to be a fairly commom occurance and they will be used to it happening.

Flyboy152

dollydiva wrote: »

I ordered flowers online via a website promising Next Day delivery if ordered prior to 3pm. My order was placed in the morning for my friends 50th birthday, the next day.
It stated on the website that Birthday flowers would be delivered by 4 pm so when my friend had not received them by 6pm, I called and was rudely told that delivery could be up until 8pm "at Christmas" and that the flowers were on the van.
The flowers did not arrive that day and missed the party entirely. We bought new flowers on the way to the venue.
We emailed the seller and requested a refund that evening. The flowers arrived the next morning; i had intended to refuse delivery, but Parcelforce left the parcel in my Porch whilst we were out.
I called the seller and he was again rude and refused a refund, but offered a complimentary bouquet, which I refused and asked for a refund. I have followed this up with emails, but there has been no response, or refund.
Can someone please advise how I stand here? I have no use whatsoever for these flowers, dont want any free flowers, I want my money back!

Dd

Did you cancel the order at anytime?

The DSRs have different rules for flowers.

shaun_from_Africa

The majority of the DSR's apply equally to flowers (and other perishable goods) as they do to most other goods. It is only is the cancellations and returns section which exempts these goods.

The OP still has the right to use the DSR's to obtain a refund as the flowers were not delivered by the agreed time.
This is covered by section 19 of the DSR's (Performance), and it basically states the same as the SOGA in that failure to deliver goods by an agreed date will lead to cancellation of the contract and all sums paid must be refunded.

However, a chargeback will probably be far easier and quicker than relying on the SOGA or DSR's which may involve legal action if the seller refuses to refund.

dalesrider

shaun_from_Africa wrote: »

Contact your credit or debit card issuer if you paid that way, tell them what happened and request a chargeback for the money.

Hopefully there shouldn't be a problem as this seems to be a fairly commom occurance and they will be used to it happening.

Chargeback on what basis?

Goods were delivered. So no non reciept....

shaun_from_Africa

The goods were indeed delivered but not within the agreed timescale and because of this, they were of no use to the OP.

Instead of flowers, think of event tickets.
Ordered for a specific date but what if they were delivered the day after the event?
The purchaser would still have what they ordered but they would be of no use to them

Chargeback on what basis?

On the basis of section 19 of the DSR's
and Section 27 of the SOGA.

These both state that a contract must be finalised within the timescale agreed between buyer and seller and in this case the seller failed to deliver the goods on or before the agreed date.

dalesrider

shaun_from_Africa wrote: »

On the basis of section 19 of the DSR's
and Section 27 of the SOGA.

These both state that a contract must be finalised within the timescale agreed between buyer and seller and in this case the seller failed to deliver the goods on or before the agreed date.

Chargebacks are not actioned on any legal basis. They are provided by Visa/Mastercard/amex over and above any legal right you may have....
No chargeback is based on any legal regulation.

So to use SOGA or DSA regs you have to use your legal rights through the courts.

Under visa regs a retailer has 15 days to deliver the goods. Unless you have something in writing stating deliver by a certain date. So if you had a email stating next day delivery, remember that is upto midnight.
Sadly something on a retailer site is not good enough.

Flyboy152

shaun_from_Africa wrote: »

The majority of the DSR's apply equally to flowers (and other perishable goods) as they do to most other goods. It is only is the cancellations and returns section which exempts these goods.

The OP still has the right to use the DSR's to obtain a refund as the flowers were not delivered by the agreed time.
This is covered by section 19 of the DSR's (Performance), and it basically states the same as the SOGA in that failure to deliver goods by an agreed date will lead to cancellation of the contract and all sums paid must be refunded.

However, a chargeback will probably be far easier and quicker than relying on the SOGA or DSR's which may involve legal action if the seller refuses to refund.

Aah...yes I know this, but as this is MSE, I just preempting the usual and predictable, "but DSRs don't count on flowers, so nah ner nan nah."

Flyboy152

dalesrider wrote: »

Chargebacks are not actioned on any legal basis. They are provided by Visa/Mastercard/amex over and above any legal right you may have....
No chargeback is based on any legal regulation.

So to use SOGA or DSA regs you have to use your legal rights through the courts.

Under visa regs a retailer has 15 days to deliver the goods. Unless you have something in writing stating deliver by a certain date. So if you had a email stating next day delivery, remember that is upto midnight.
Sadly something on a retailer site is not good enough.

I think the card issuers terms and conditions would disagree.

dalesrider

Flyboy152 wrote: »

I think the card issuers terms and conditions would disagree.

Care to show me where.....

As someone who deals with chargebacks on a daily basis. I think I know what I'm talking about.


Legal rights and chargbacks are two totally seperate things.

shaun_from_Africa

dalesrider wrote: »

No chargeback is based on any legal regulation.

So to use SOGA or DSA regs you have to use your legal rights through the courts.

I never stated that it was.
What I did say is that you can use the SOGA or DSR's as a basis for a chargeback.

Barclaycard for example have codes for the different reasons for a chargeback, so if for example you received something different to that which you ordered and the seller refused to refund you, (which according to the SOGA, they are legally obliged to do) then if you asked for a chargeback, Barclaycard would raise a V53 claim.

I wouldn't be using the SOGA to force a chargeback, simply stating it to show that the seller was breeching it and that I was legally entitled to a refund.