advice please

fireyfirenze

Wondering if this is the right forum for advice on this, would appreciate it...

I bought a medical testing kit online from a website last Wednesday and it says it will be delivered within 2-3 working days. It's now Friday and it still hasn't been delivered. I chose the site because of quick delivery. iv emailed them to ask if it's been posted and also tried to ring them every day (twice!) but the phone is never answered. iv left them a voicemail but still nobody has got back to me.

iv got a feeling the kit will just come too late for what I wanted it for. I paid by paypal, could I raise a dispute and ask for my money back because they took so long sending it out? if they have even sent it. I paid £30 and don't want to waste it.

hope this makes sense.

browneyedbazzi

You can cancel the order (for any reason, including slow shipping) using your rights under the distance selling regulations and receive a full refund.

What's the name of the company?

fireyfirenze

thank you. they are called blood testing service UK.

how do I go about cancelling the order and asking for a refund?

bris

This is a service, there is a lot more to it than just a kit, the kit is just part of the service.

DSR will not apply so unless you made the 2-3 days part of the contract then delays are not a big enough factor to allow cancellation at this point.

fireyfirenze

oh yes sorry, I forgot to say they are a service. so I'm basically stuck then? it's frustrating because you have to send the kit back to them
and it says wait 2-3 days for results which I didn't think would be too bad. but it's taken them so long to send it out in the first place that I'm not confident on their ability to provide the results in the time scale they said they will either.

ThumbRemote

I can't see how they can claim the service has started if the kit hasn't been posted. In this case OP is quite within their rights to cancel.

Bantex_2

Why not go to the NHS. Same day normally.

bris

ThumbRemote wrote: »

I can't see how they can claim the service has started if the kit hasn't been posted. In this case OP is quite within their rights to cancel.

There is a big difference between the kit not being posted and being delayed in the post, think before you post.

ThumbRemote

bris wrote: »

There is a big difference between the kit not being posted and being delayed in the post, think before you post.

????

Let me post exactly the same words in a slightly different order:

If the kit hasn't been posted.
I can't see how they can claim the service has started.
In this case OP is quite within their rights to cancel.

Clearly if the kit has been posted it may be a different story. But that's not what I wrote about.

Think before you post.

unholyangel

With services you only lose your right to cancellation if the supplier has informed you in writing (or another durable medium) that you will lose the right to cancel under regulation 10 once the work has begun with the customers agreement.

13. (1) Unless the parties have agreed otherwise, the consumer will not have the right to cancel the contract by giving notice of cancellation pursuant to regulation 10 in respect of contracts—

(a)for the supply of services if the supplier has complied with regulation 8(3) and performance of the contract has begun with the consumer’s agreement before the end of the cancellation period applicable under regulation 12;

ThumbRemote

fireyfirenze wrote: »

oh yes sorry, I forgot to say they are a service. so I'm basically stuck then? it's frustrating because you have to send the kit back to them
and it says wait 2-3 days for results which I didn't think would be too bad. but it's taken them so long to send it out in the first place that I'm not confident on their ability to provide the results in the time scale they said they will either.

Have you received any terms and conditions from them? I can't find any on their site.

The DSRs for services says "the cancellation period ends on the expiry of the period of seven working days beginning with the day after the day on which the contract is concluded." So that would be today, so you can cancel under DSRs.

The exception is if you agreed to the service starting earlier in the T&Cs you agreed to. From the DSRs: "the supplier shall inform the consumer in writing or in another durable medium which is available and accessible to the consumer that, unless the parties agree otherwise, he will not be able to cancel the contract under regulation 10 once the performance of the services has begun with his agreement."


So if they didn't provide T&Cs in a durable medium (email will do) then you can still cancel in the DSRs.

Also, I would suggest that if it states it will be delivered within 2-3 days, then that is part of the contract you agreed. They have breached that contract themselves, and therefore you are due a full refund anyway.




Edit - Cross posted with unholyangel