Online flower delivery issue

Hi,

Just looking for some advice on dealing with an order I placed to have some flowers delivered to my mum overseas. The flowers duly arrived but the parcel was in such a state when it arrived that my mum insisted on opening it in front of the courier. The bouquet was in a dreadful state so she refused to accept the delivery.

I have since e-mailed the company concerned and asked for a refund to which I've had this response........

Thank you for your email and bringing this to our attention.

We sincerely apologise for the disappointment this order has caused yourself and your mother. Unfortunately as the flowers have been refused we are unable to refund for this order as these are perishable goods therefore no longer saleable. When flowers are refused they are disposed of by the couriers so they will no longer be able to redeliver them either.

I understand this isn't an ideal situation and in this case my manager has agreed to send out a fresh bouquet to the
recipient as a gesture of goodwill, if you could please let us know a suitable date we will be happy to organise this.


The flowers were clearly not in a 'saleable' condition when they arrived! Am I within my rights to ask for a refund, I really don't want to send out another bouquet, the time/ occasion has now passed.

Many thanks
«1

Comments

  • visidigi
    visidigi Posts: 6,552 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Check the terms and conditions involved, by all means link to them so we can see if they are 'reasonable'.

    The courier destroys the delivery on the instruction of the seller, specifically in this case this will be due to the fact that they perish. This is the shippers decision, not the couriers.

    How does acceptance of a destroyed bunch of flowers change the refund stance? Answer, it doesn't.

    Does the recipient have flowers to prove the state of delivered items?

    I would ask for a refund as they failed to provide the service requested.
  • Many thanks for the reply, hadn't even thought to look at the T&Cs. As new user I'm not allowed to post the actual link, but the company was Prestige Flowers if anyone fancies taking a look.

    Unfortunately my mum didn't take any photos of the state they were in when they arrived. I've seen the courier's tracking info and it does clearly state that the delivery was refused but nothing other than that.
  • visidigi
    visidigi Posts: 6,552 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    where were they going to? Did they arrive within the time frame expected?
  • visidigi wrote: »
    where were they going to? Did they arrive within the time frame expected?

    They were going to France. Asked for them to be delivered on Friday, they weren't (apparently it does say somewhere in the small print that due to certain circumstances etc they may be delivered the next working day to that requested) but were delivered on Monday morning
  • earthstorm
    earthstorm Posts: 2,134 Forumite
    here is the link

    http://www.prestigeflowers.co.uk/delivery-information
    Additional Delivery Information

    Please ensure that the recipient will be able to accept the delivery on the date selected. Please enter the most accurate delivery details, filling in all address fields; if you are not sure of the recipients post code, we can help, simply [EMAIL="sales@prestigeflowers.co.uk"]contact us[/EMAIL]. Please note we are not liable for additional delivery costs caused by failed deliveries. Make sure you provide correct delivery details, as in the event we are unable to deliver due to incorrect, incomplete or if the delivery is refuses, we reserve the right to charge the full value of the order for a resend. Once despatched we are unable to amend any delivery details. Courier delivered flowers may be delivered up until 9pm on the specified delivery date. Please note in some areas of the UK, an additional day in transit may be required, though this rarely happens, we are unable to offer a refund if this is the case.

    Please note the distance selling regulation does not apply to flowers and plants due to the nature of perishable goods, but does apply to other gifts we sell.
    http://www.prestigeflowers.co.uk/terms
    2 Refunds

    Due to the perishable nature of all flower deliveries any complaints and refunds will be dealt with on a case by case basis and will be at our discretion.

    2.1.1

    If flowers are disposed without photographic evidence any remedy will be discretionary.

    2.1.4

    Prestige Flowers are not responsible for any order where the recipient refuses to accept the item. Prestige Flowers will not issue refunds to any customer where the recipient, for whatever reason, will not accept the item or refuses delivery.
  • Many thanks for that, looks like a refund is unlikely then :-( Doesn't seem right somehow seeing as the flowers by all accounts were in a dreadful state.
  • halibut2209
    halibut2209 Posts: 4,250 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Unfortunately by refusing them, there is no proof of that.
    One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.
  • piglet25
    piglet25 Posts: 927 Forumite
    Stoptober Survivor
    For future reference, if you contact a florist local to your mum they will deliver a much better bouquet and you will receive full value on your order
  • piglet25 wrote: »
    For future reference, if you contact a florist local to your mum they will deliver a much better bouquet and you will receive full value on your order

    Thanks, you definitely live and learn! Next time I think I'll pop a card in the post instead.
  • visidigi
    visidigi Posts: 6,552 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I would go so far as saying that's an unfair term if they were late. That means no matter what date they deliver they don't have to refund.

    OP I would at least ask for the resend if they are offering it...
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