Personalised item not delivered on time - refund?

julessays

I ordered a photo and frame from Lalalab over Christmas as a Christmas present for a family member. Delivery was promised in 3 days. Item plus delivery was £37.

I was given the wrong postcode (it was being sent straight to the family member) and didn't realise until I had placed the order but the confirmation email said I had an hour to amend the order before it went to print. I clicked on the link to edit the order but it brought up an error message. I tried through the app and online to amend the order but kept getting the error message so I emailed them asking them to amend the order. I didn't receive a reply until a few days later which they said was because they were running on skeleton staff over the Christmas oeriod. They said they would amend the postcode manually but it would delay the order slightly.

Fast forward almost three weeks and there is still no sign of the item. I have tried to contact them and received vague info back saying it will be printed and despatched soon.

I've now just asked for a refund as I'll have to just buy a frame and print the photo (which I should have done in the first place in hindsight) but they have refused and have instead credited my account with the £37 despite me saying I won't be ordering from them again. Today they have said again that the picture will be printed soon.

TLDR; ordered a personalised item online - should have come in three days, still not been sent three weeks later. Refusing to refund and offering credit instead.

What are my rights here? Does the fact that it's personalised trump the fact that they have still not delivered?? Should I keep pushing for a refund or suck it up and chalk it up to experience?

unholyangel

Is their delivery time frame guaranteed or an estimate?

(3) Unless there is an agreed time or period, the contract is to be treated as including a term that the trader must deliver the goods—

(a)without undue delay, and

(b)in any event, not more than 30 days after the day on which the contract is entered into.
...

(5) Paragraphs (6) and (7) apply if the trader does not deliver the goods in accordance with paragraph (3) or at the agreed time or within the agreed period.

(6) If the circumstances are that—

(a)the trader has refused to deliver the goods,

(b)delivery of the goods at the agreed time or within the agreed period is essential taking into account all the relevant circumstances at the time the contract was entered into, or

(c)the consumer told the trader before the contract was entered into that delivery in accordance with paragraph (3), or at the agreed time or within the agreed period, was essential,

then the consumer may treat the contract as at an end.

(7) In any other circumstances, the consumer may specify a period that is appropriate in the circumstances and require the trader to deliver the goods before the end of that period.

(8) If the consumer specifies a period under paragraph (7) but the goods are not delivered within that period, then the consumer may treat the contract as at an end.

(9) If the consumer treats the contract as at an end under paragraph (6) or (8), the trader must without undue delay reimburse all payments made under the contract.

julessays

It's an estimate. The email confirmation I received said Jan 1st to Jan 6th.

Thanks for that info above - where is that from, for my reference?

unholyangel

julessays wrote: »

It's an estimate. The email confirmation I received said Jan 1st to Jan 6th.

Thanks for that info above - where is that from, for my reference?

Consumer contracts (information, cancellation and additional charges) regulations 2013

Can find the particular section I quoted (part 5) here:
http://www.legislation.gov.uk/uksi/2013/3134/regulation/42/made

marliepanda

How many days before Christmas did you order? You say it's now three weeks later but it's almost three weeks since Christmas.

julessays

Order was placed on 19th December.

hollydays

They are a French company by the look of it. Their t & cs are rather
"Allo allo"