Flowers Delivered Late, Missed Event. Seller not Refunding

Hern

The credit card company is not one of the parties to the contract. The credit card company did not extend misleading or deceitful promises so as to effect a sale. The credit card company is the third party here so its actions are outwith any legal issues that may be arising and what it does or does not do now has nothing to do with the Law.

A chargeback is only going to happen if the OP can document that time was the essence of contract here. It used to be that this meant specific stipulations in writing but other forms of documentation appropriate to this electronic age have become increasingly acceptable.

If the OP didn't screen-shot the website page featuring the promise of a timed guaranteed delivery, then I'd strongly advise going into Google's cache and getting that page in a screen capture now.

Where our family is concerned, we *never* undertake *any* online transaction wiuthout making a screen capture of the relevant web page or pages. That ought to be standard practise for every consumer shopping online but sadly, still seems not to be.

Flyboy152

Hern wrote: »

The credit card company is not one of the parties to the contract. The credit card company did not extend misleading or deceitful promises so as to effect a sale. The credit card company is the third party here so its actions are outwith any legal issues that may be arising and what it does or does not do now has nothing to do with the Law.

I think you'll find section seventy-five of the consumer credit act disagrees.

A chargeback is only going to happen if the OP can document that time was the essence of contract here. It used to be that this meant specific stipulations in writing but other forms of documentation appropriate to this electronic age have become increasingly acceptable.

The website advertised next day delivery, that promise forms part of the contract.

If the OP didn't screen-shot the website page featuring the promise of a timed guaranteed delivery, then I'd strongly advise going into Google's cache and getting that page in a screen capture now.

Where our family is concerned, we *never* undertake *any* online transaction wiuthout making a screen capture of the relevant web page or pages. That ought to be standard practise for every consumer shopping online but sadly, still seems not to be.

Sage advice indeed.

Grumpygit

Where were the flowers ordered from and when were they supposed to be delivered?

Can't comment on charge backs though

Depending on where the flowers were coming from there may be some small print re delays due to weather etc. for instance, guernsey last week had fog which disrupted and cancelled flights which came after high winds which meant some ferries were cancelled and delayed so we had a week of delayed post and deliveries.

dalesrider

Flyboy152 wrote: »

Visa cannot re-write law, it is not a government. It is not Visa's choice to obey the laws they choose. If a retailer makes a promise on its website, they are bound by law to ensure, amongst other things, that it is honest, reasonable and fair. Visa cannot decide to ignore that.

Visa/mastercard/Amex. Chargebacks are over and above your legal rights......
They have NO LEGAL standing in law. It is a voluntary code of practice that retailers sign upto, when they agree to take the cards.

So you don't like the fact that the goods did not arrive on time. Take the company to court... As is your LEGAL right. Of course that is going to require some time and effort on your part. Something many people don't want to do.....

Flyboy152 wrote: »

Are you telling us that credit card issuers do not have any mention of chargebacks in their terms and conditions?

No.. You brought that one up. So you tell me.