Failed bed delivery

bankie27

Am new to this site, so I apologise if this has been discussed before.
I had a bed from an online company delivered but it would not fit up my stairs.
They have charged for this failed delivery. They say it is my fault as I should have checked it would fit, but full dimensions of bed weren't on the website. Do I have to pay this charge?
Any help in this would be great, thanks.

cctyres

I would expect you would, it is your responsibility to ensure the bed you ordered would fit, not the bed companys, and realistically, if you expect a company to deliver it on a ' lets see if it fits' basis, that wont happen.
If there were no dimensions on the site, you then really ought to have called them to ask that question BEFORE delivery and if the dimensions they supplied were wrong, THEN you'd have a case to return it without incurring costs against yourself..

Even if you were dishonourable and used the DSR to reject instead to cover up your mistake, you are still liable for the companys cost expediture ie delivery charges.

Bottom line, you ought to have measured prior to ordering, and as a duty of care to yourself asked the right questions in anticipation.

Why should the bed company pay for a delivery which was only rejected due to your not having done your homework and measuring correctly.
Sorry to appear harsh, but i work within deliveries and I see this everyday because people wont take responsibilty for their actions, or in this case, inaction.
You muffed up, so man up and pay the price !!

OlliesDad

cctyres wrote: »

Even if you were dishonourable and used the DSR to reject instead to cover up your mistake, you are still liable for the companys cost expediture ie delivery charges.

That's not right at all. The OP would be liable for the return delivery charges IF they were made aware via a durable medium prior to delivery. The company must return all fees paid including original delivery charge.

In terms of why the company should be liable for the OP's error - it's one of the risks of selling online and the costs should be built into the business model.

ThumbRemote

bankie27 wrote: »

Am new to this site, so I apologise if this has been discussed before.
I had a bed from an online company delivered but it would not fit up my stairs.
They have charged for this failed delivery. They say it is my fault as I should have checked it would fit, but full dimensions of bed weren't on the website. Do I have to pay this charge?
Any help in this would be great, thanks.

Did they take the bed away afterwards?
What did they charge for the failed delivery?

bankie27

Yes. They took the bed away then and charged £29 for this.

cctyres

apologies, i missed a section out, and that relates to DSR, which said, if the company includes it in their T&Cs that the customer is liable to pay for delivery if rejected, then accordingly the customer will have to pay that.
If the company hasnt advised that in their T&Cs, then they cant charge it.
Companies are not obliged to return all monies including delivery charges if they have advised this in their T&Cs
Its a sad fact that people these days arent responsible enough to own up and pay for their mistakes, not try to duck and dive their way out of it..
.

aldredd

Not sure I'd say using the DSR's would be dishonourable - rather, isn't this exactly what they're for? After-all, it could well be that having seen the item in a shop, the OP would have either a) noticed that the item looked like it might not fit or b) been able to measure for themselves. Not possible when ordering online

wealdroam

cctyres wrote: »

apologies, i missed a section out, and that relates to DSR, which said, if the company includes it in their T&Cs that the customer is liable to pay for delivery if rejected, then accordingly the customer will have to pay that.
If the company hasnt advised that in their T&Cs, then they cant charge it.
Companies are not obliged to return all monies including delivery charges if they have advised this in their T&Cs.

Sorry, but that isn't what the DSRs say.

The OFT's Guide to the DSRs states:

What specifically do I have to refund to the consumer if they cancel?

3.48 The DSRs require you to refund any money paid by or on behalf of the consumer in relation to the contract to the person who made the payment. This means the full price of the goods, or deposit or pre-payment made, including the cost of delivery. The essence of distance selling is that consumers buy from home and receive goods at home. In these circumstances, almost every case of homeshopping will involve delivery of the goods ordered and so delivery forms an essential part of the contract.

That document goes on to say:

Who pays for returning the goods if the consumer cancels an order?

3.55 If you want the consumer to return the goods and to pay for that return, you must make it clear in the contract and as part of the required written information – see paragraph 3.10. If the consumer then fails to return the goods, or sends them at your expense, you can charge them the direct cost to you of the return, even if you have already refunded the consumer’s money. You are not allowed to make any further charges, such as a restocking charge or an administration charge.

3.56 If you did not include these details in the required written informationthen you cannot charge anything. See paragraph 3.10.

So what it says in their T&Cs is not as important as you imply.

bankie27

Thank you for all your replies. I am still unsure how to proceed.
Since my first post I have had a similar sized bed successfully delivered by a local firm. I asked the delivery man if my stairs would present a problem, he told me that they were fine and he couldn't believe anyone would have any difficulty.
Other than confirming my belief that buying local is much more sensible, I feel very let down by the online supplier.

giantmutantbroccoli

Your online purchase is subject to Distance Selling Regulations.
Go read the terms and conditions that were supplied to you by the company you bought from. If their terms & conditions state that you're liable for delivery costs, then you do have to pay the delivery charge. If their terms do not state that you're liable for delivery costs, then you do not have to pay the charge.
As far as "durable medium" is concerned, anything that cannot be edited after the fact is regarded as a durable medium. This would include physical paperwork or an email, but not necessarily a website as that could be edited after the fact.

The lack of measurements and the opinion of the other delivery driver are not relevant to whether you have to pay the delivery charge.

Having said all that, what a company is legally obliged to do and what a company will do to keep a customer happy can be two very different things. Check that they provided you with the Ts & Cs, and what the Ts & Cs say. If they match what the company is saying, try asking them for a discount. Explain how much trouble this is causing you, how disappointed you are that they didn't provide the measurements you needed etc and ask them what they're prepared to do. It's always worth asking.

I find the idea that companies should just suck it up and factor the cost of failed deliveries into the price pretty ridiculous. Deliveries are expensive things when you're dealing with big, heavy or awkwardly shaped items, and especially for smaller companies. Sometimes, people change their minds and don't want their purchase after they've had it delivered, and sometimes people don't measure properly to make sure what they've bought will fit. If all companies had to just take it on the chin and factor that into the price, the entire market would become even more biased towards large companies who run their own delivery services, and against smaller companies who have to employ couriers etc.
Or to put it in a way that makes sense from the customer's POV, what would you prefer? Paying a low price on a product while knowing that it might cost you money to return it if it turns out you measured your doorways wrong or don't like the colour as much as you thought it would? Or paying a much higher price to subsidize other customers' mistakes and indecisiveness?
I know which I'd choose!
Although given that I work in a company that sells bulky items online, I am a bit biased

wealdroam

giantmutantbroccoli wrote: »

I find the idea that companies should just suck it up and factor the cost of failed deliveries into the price pretty ridiculous. Deliveries are expensive things when you're dealing with big, heavy or awkwardly shaped items, and especially for smaller companies. Sometimes, people change their minds and don't want their purchase after they've had it delivered, and sometimes people don't measure properly to make sure what they've bought will fit. If all companies had to just take it on the chin and factor that into the price, the entire market would become even more biased towards large companies who run their own delivery services, and against smaller companies who have to employ couriers etc.
Or to put it in a way that makes sense from the customer's POV, what would you prefer? Paying a low price on a product while knowing that it might cost you money to return it if it turns out you measured your doorways wrong or don't like the colour as much as you thought it would? Or paying a much higher price to subsidize other customers' mistakes and indecisiveness?
I know which I'd choose!
Although given that I work in a company that sells bulky items online, I am a bit biased

Or to put it another way:

There is no obligation for any company to sell beds or anything else online.

There is no need for any company to cover the costs of returning goods if they are not faulty.

As you say, all the company has to do to avoid that cost is to make sure they notify their customer in the correct manner that they, the customer, are responsible for any return costs if the goods are not faulty.