Very Poor Service - Lost Parcel - my rights ?

mancuk29

On the 8th January I ordered a Samsung NX2000 Duel Lense kit from Very at £299

I purchased on buy now pay 12 months later

The item was on next day delivery which was important as I needed it to use on a weekend away with my wife on Saturday 10th which was her birthday

My order was accepted (as I have a credit account already set up )
And it stated delivery by 9th which was perfect

On the 9th I receive a automated call advising me delivery was delayed and I would receive my camera asap

I made do with my iPhone over the weekend expecting delivery by Monday at the very latest

Monday came and went - my tracker from very showed my parcel at yodel prime sort and it stayed that way all Monday

I emailed very who replied I had to wait three days before they could do anything

3 days later I further emailed and receive a reply I now have to wait until the 18th which is ten days from order

I made contact with customer services by telephone on Friday this week advising I was not happy with this as I needed a camera this week and I wanted to escalate the issue - the member to staff said she would get a manager to ring back in 4 hours guess what no call

I have further emailed to very and am still waiting reply

My question is - under Consumer Contracts (Information, Cancellation and Additional Charges) it states that I can claim compensation on missed delivery , the very system States delivery by the 9th is this sufficient for a delivery date ?

I now regret ordering from very firstly as they use Yodel who are a shower of God knows what and secondly they aren't the best on customer services

I ordered from very to take advantage of the buy now pay 12 months offer and have major regrets now

I still await their reply by email or a call which I doubt will ever arrive but I want to get my rights straight before they do or in case they don't

visidigi

Compensation on missed delivery is if they say they will turn up on X date and they don't.

They haven't done that, as they informed you it would be late, from that point on your have assumed what happens next, they have not informed you of anything.

On that basis you have no grounds for compensation, they only have to return you to the point at which you were prior to the order being placed, e.g. a refund.

sheramber

visidigi wrote: »

Compensation on missed delivery is if they say they will turn up on X date and they don't.

They haven't done that, as they informed you it would be late, from that point on your have assumed what happens next, they have not informed you of anything.

On that basis you have no grounds for compensation, they only have to return you to the point at which you were prior to the order being placed, e.g. a refund.

But the OP has not paid anything. He bought on 'buy now, pay in 12 months'.

visidigi

sheramber wrote: »

But the OP has not paid anything. He bought on 'buy now, pay in 12 months'.

Yes. But Very have charged their account at the point of dispatch

The OP owes that amount, so the refund would wipe out that amount.

Just because they haven't paid anything yet doesn't mean there isn't an amount of money owed (as this is a credit agreement).

mancuk29

Thanks for update think I'll be asking for a full refund and get it from else should have known better about Very

It seems ludicrous they say you have to wait ten days before they send a replacement out I haven't asked re a refund yet but I presume it's the same

Wish companies wouldn't say they deliver on such a date (it actually shows that on my order) and then change the goal posts xos to me that's a breach of contact

If it said they deliver in two weeks then I would have gone elsewhere but it said 9th feb

wealdroam

mancuk29 wrote: »

It seems ludicrous they say you have to wait ten days before they send a replacement out I haven't asked re a refund yet but I presume it's the same

Under CCRs, Very have up to 14 days from the date of them receiving your cancellation notice, to refund you.

mancuk29 wrote: »

Wish companies wouldn't say they deliver on such a date (it actually shows that on my order) and then change the goal posts xos to me that's a breach of contact

If it said they deliver in two weeks then I would have gone elsewhere but it said 9th feb

But they do say in their T&Cs:

4. Delivery

4.2 Whilst we make every effort to deliver goods on the day we specify, we cannot guarantee delivery on that day or accept liability for deliveries made outside this timescale.

mancuk29

So what very are saying is they will put a delivery date on the item and the not abide by it - they might as well put we will delivery when our agent can be bothered

I'll be on phone tomorrow for a refund and never use very again

mancuk29

Just one thing surely a companies terms and conditions can't breach the law ? Which says when a company provides a delivery date then they breach the law if they don't follow it
The only bit im unsure on is that it says if a delivery date is agreed - does a company saying we will delivery by such a date mean that a delivery date has been agreed and is it sufficent for them to breach the belo

The below is from the Welsh CAB but it's Uk law

http://www.adviceguide.org.uk/wales/consumer_w/consumer_common_problems_with_products_e/consumer_problems_with_delivery_e/delays_in_deliveries.htm


Very say on some items once turned on you can't return it which breaches the distance selling regulations (only normally applies to software and specially ordered items) so would suggest their T@C only apply to those who don't know any difference

agrinnall

But did you ever get anything from Very to say we will deliver by the 9th with no accompanying get out clauses? I'd be surprised if they didn't have delayed delivery covered.

mancuk29

The order online says deliver by 9th Feb which was accepted xos it said order accepted delivery by 9th jan

And it says next day delivery when you order

Very customer services are horrendous and they will hide behind yheir conditions xos their staff won't know the law only company policy

wealdroam

mancuk29 wrote: »

Just one thing surely a companies terms and conditions can't breach the law ?

No they cannot.

mancuk29 wrote: »

Which says when a company provides a delivery date then they breach the law if they don't follow it
The only bit im unsure on is that it says if a delivery date is agreed - does a company saying we will delivery by such a date mean that a delivery date has been agreed and is it sufficent for them to breach the belo

The below is from the Welsh CAB but it's Uk law

http://www.adviceguide.org.uk/wales/consumer_w/consumer_common_problems_with_products_e/consumer_problems_with_delivery_e/delays_in_deliveries.htm

But at the time you made the purchase, you agreed to the terms and conditions.
So effectively, you agreed that although they told you the thing would be delivered on 9 January, you also accepted that they might not manage to deliver on that day.

mancuk29 wrote: »

Very say on some items once turned on you can't return it which breaches the distance selling regulations (only normally applies to software and specially ordered items) so would suggest their T@C only apply to those who don't know any difference

Distance Selling Regulations have been replaced by the rather more snappier titled Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

This has clarified the point you make by stating that the seller may reduce the refund amount if it "it goes beyond the sort of handling that might reasonably be allowed in a shop".

So, if it is 'unreasonable' to 'turn on the item' in a shop, then you can probably expect a reduction on the refunded amount.
Note that that reduction could be up to the full amount paid if the goods can no longer be sold.