Flower delivery

Feline2001

Hello, I'm in the middle of an argument with a flower delivery company and wanted to know if I have a leg to stand on.

On Friday I ordered a flower delivery to be sent to somebodies place of work. They live a long way from where they work and are only in work once or twice a week. They were in on Saturday, then not until Friday this week.

With that in mind I paid £5.20 for next day delivery. The flowers didn't arrive. In fact they didn't arrive until Monday despite the company advertising deliveries 7 days a week. The means by the time she gets back there on Friday they will be past their best. Using the Royal Mail tracking site I can see they did not even receive the flowers until the Saturday. Do they do same day delivery?

I'm asking the company to refund me the cost of delivery but they are refusing. I know £5.20 isn't massive amounts of money, but it is more the principle of the thing and the shoddy customer service I have received since that I am upset about. For instance I was told that the delivery info on the flowers page says they cannot guarantee next day delivery. It actually says it there only for non mainland, this was mainland. When I pointed that out they immediately changed tack and said it was in the T&C's. There have been a couple of bits like that.

unholyangel

Do you have a link to their T&C's so we can see what they actually say about delivery etc?

Feline2001

https://m.prestigeflowers.co.uk/terms

Having just reread it does say they cannot guarantee delivery or refund. !!!!!!

buzzyzoe

I'm by no means an expert but it sounds like you might have a case:

It's worth noting the Consumer Contracts Regulations also explicitly entitle you to a full refund of the delivery charge if you paid extra for something to be delivered by express delivery or on a particular date, and it arrived later than promised. If there's no specified date for delivery, then it must be with you within 30 days of ordering. See the Parcel Delivery Rights guide for full info.

Taken from: http://www.moneysavingexpert.com/shopping/delivery-rights

Might be worth quoting them this and seeing what they say? And as I understand it, their T&Cs can't override the law

custardy

Feline2001 wrote: »

Hello, I'm in the middle of an argument with a flower delivery company and wanted to know if I have a leg to stand on.

On Friday I ordered a flower delivery to be sent to somebodies place of work. They live a long way from where they work and are only in work once or twice a week. They were in on Saturday, then not until Friday this week.

With that in mind I paid £5.20 for next day delivery. The flowers didn't arrive. In fact they didn't arrive until Monday despite the company advertising deliveries 7 days a week. The means by the time she gets back there on Friday they will be past their best. Using the Royal Mail tracking site I can see they did not even receive the flowers until the Saturday. Do they do same day delivery?

I'm asking the company to refund me the cost of delivery but they are refusing. I know £5.20 isn't massive amounts of money, but it is more the principle of the thing and the shoddy customer service I have received since that I am upset about. For instance I was told that the delivery info on the flowers page says they cannot guarantee next day delivery. It actually says it there only for non mainland, this was mainland. When I pointed that out they immediately changed tack and said it was in the T&C's. There have been a couple of bits like that.

What service did they use?

Country_Cousin

Their website is certainly misleading - they say they deliver 7 days a week,including Sundays but then on reading the small print it says deliveries are via RM or courier and of course none of them deliver on a Sunday so how is Sunday delivery even possible.

unholyangel

The T&C's arent always the be all and end all. For one, they have to be fair terms. There are certain terms that cannot be used and if they are, they have no legal effect (they're not binding on you).

2.7.1 A term which could allow the supplier to refuse to carry out his side of the
contract or any important obligation under it, at his discretion and without
liability, has clear potential to upset the balance of the contract to the
consumer's disadvantage. This applies not only to terms which allow the
supplier to refuse to carry out his side of the bargain altogether, but also to
those which permit him to suspend provision of any significant benefit
under the contract – see paragraph 15.4.

Also:

2.6.1 The law requires that goods should be delivered, and services carried out,
when agreed, or, if no date is fixed, within a reasonable time. A term which
allows the supplier to fail to meet this requirement upsets the balance of
the contract. This applies not just to terms which simply exclude all liability
for delay, but also to standard terms allowing unduly long periods for
delivery or completion of work, or excessive margins of delay after an
agreed date. The effect is the same – to allow the supplier to ignore the
convenience of customers, and even verbal commitments as to deadlines.

And lastly:

1.9 Subcontractors. A disclaimer covering problems caused by a trader's
suppliers or subcontractors is regarded in the same way as one covering
loss or damage caused directly by his own fault. The consumer has no
choice as to whom they are, and has no contractual rights against them.
The business has chosen to enter agreements with them, and therefore
should not seek to disclaim responsibility for their defaults.

If the breach was due to circumstances genuinely outside their control (and i say genuinely as they will sometimes include things which are within their control - airlines with mechanical issues for example) then they'd be liable to do no more than refund for the service they have not provided.

If its within their control (or the control of their subcontractor), then they are also liable for your losses.

agrinnall

Country_Cousin wrote: »

Their website is certainly misleading - they say they deliver 7 days a week,including Sundays but then on reading the small print it says deliveries are via RM or courier and of course none of them deliver on a Sunday so how is Sunday delivery even possible.

Well it appears that Amazon would disagree with you:

"Parcels going to residential addresses might be delivered on Sundays and some UK Bank Holidays. "

http://www.amazon.co.uk/gp/help/customer/display.html?nodeId=200182420

LilElvis

agrinnall wrote: »

Well it appears that Amazon would disagree with you:

"Parcels going to residential addresses might be delivered on Sundays and some UK Bank Holidays. "

http://www.amazon.co.uk/gp/help/customer/display.html?nodeId=200182420

Yep, I get deliveries via Amazon Logistics on a Sunday. A couple of weeks ago I placed an order early Saturday evening and received it mid morning on the Sunday.

Country_Cousin

agrinnall wrote: »

Well it appears that Amazon would disagree with you:

"Parcels going to residential addresses might be delivered on Sundays and some UK Bank Holidays. "

http://www.amazon.co.uk/gp/help/customer/display.html?nodeId=200182420

Yes I realise that Amazon's own couriers deliver on a Sunday, but I have never seen any of the "big" courier companies delivering as a matter of course on a regular Sunday ...
But in fairness we are not talking about Amazon and their deliveries here - we are talking about a florist !!

custardy

The florist could offer 7 day deliveries if they are talking about local/florist delivered flowers.