Arguing with online retailer - am I in the right?

deaston

Made an order online which had "free delivery", but I paid an extra £10 for next day delivery. Total £200.50.

I waited in all day but no delivery. 10mins after the cut-off and desperate to go to the supermarket, I emailed the seller and said I wanted to cancel and would like a full refund. I came home and there was a 'sorry we missed you' card with the time of 7:10pm - an hour and 10 minutes after the "9am-6pm next day delivery".

The seller emailed me back saying the delivery guy couldn't find my house (it's very easy to find) and gave me until midday today to contact the delivery company to arrange redelivery or he'll refund me minus his £56 delivery costs.

I'm saying my rights are that I get a full refund of at least £190 (I don't think he actually has to refund that £10). Is that correct?

m0bov

Just point out they were unable to fulfil the contract. If no luck, then send letter before action then use Moneyclaim to take them to court. How did you pay?

deaston

Something I forgot to mention is the phone number I gave was incorrect (one digit missing) so the retailer is saying it's my error as they couldn't get hold of me. I would argue he had my email address. I suspect they were simply running late (my house really isn't difficult to find).

But, either way, I have the right to cancel, don't I?

I paid by credit card.

m0bov

Well, I believe you do, but they can deduct resonable costs for the return. £56 is not resonable as you paid £10. So, offer that to the retailer. Can you not contact the delivery company and get it redelivered?

deaston

"You have two options:-

1. Contact the delivery company yourself and arrange another delivery day at no extra cost. (the delivery company agreed to do this as they could not find the property)

2. Reject the order and be charged the full delivery costs which we will incur for the aborted delivery which is £56 plus VAT.

If we receive no response before 12:00pm today we will instruct the delivery company to return the order and you will be refunded the difference upon receipt of the goods."

deaston

m0bov wrote: »

Well, I believe you do, but they can deduct resonable costs for the return. £56 is not resonable as you paid £10. So, offer that to the retailer. Can you not contact the delivery company and get it redelivered?

I don't want it now - I've re-ordered from another supplier for Saturday delivery. Plus, I'm not at home again this week in order to accept the delivery.

neilmcl

I think you're being a bit unreasonable. No delivery driver is going to spend time trying to email the recipient if you've given them an incorrect contact phone number. He was a bit late, at least they still tried to deliver on that day. What's wrong with having it redelivered, why throw your toys out to cancel (as is your right of course)?

deaston

neilmcl wrote: »

I think you're being a bit unreasonable. No delivery driver is going to spend time trying to email the recipient if you've given them an incorrect contact phone number. He was a bit late, at least they still tried to deliver on that day. What's wrong with having it redelivered, why throw your toys out to cancel (as is your right of course)?

Because I can't be there to accept the delivery.

m0bov

I would of asked the original supplier if they would arrange a Saturday delivery. If they wouldn't, THEN cancel. You did give the wrong phone number which might have made the difference, I think you should of compromised.

neilmcl

Who is the courier? Could you not have either gone and pick it up directly from them or rearrange a delivery that's more suitable to you?

deaston

neilmcl wrote: »

Who is the courier? Could you not have either gone and pick it up directly from them or rearrange a delivery that's more suitable to you?

Not possible to collect it (it's a massive pallet of logs). As I've mentioned, I've now ordered from a different supplier.

But either way, I think I'm right - the retailer should refund me the entire amount, not "minus £56 plus VAT".