Arguing with online retailer - am I in the right?

deaston

wealdroam wrote: »

You really need to be consistent.

Apologies - slip of the mind.

deaston

naedanger wrote: »

Surely the fact the number was wrong is completely irrelevant unless the supplier actually tried to call the number?

Apparently they did. I emailed at 17:34 saying the delivery was late and I was no longer going to wait in and I wanted the order cancelled. I got a reply at 18:21 saying:

"We are sorry that there has been some sort of communication issue regarding your order.

We have been in touch with the delivery company and they have been trying to contact you as they can not find your address. The telephone number you have left on our system is incorrect., or does not work. 01********

We need your correct number as the delivery driver is trying to find the property."

At this time I was in the supermarket and didn't get it for another hour or so.

visidigi

naedanger wrote: »

Surely the fact the number was wrong is completely irrelevant unless the supplier actually tried to call the number?

And how would you prove that either way as the number was wrong?

The courier didn't fail to deliver the shipment. The courier failed to delivery within a specified time as the data provided to him to aid delivery (Address and Telephone Number) were incorrect. Its very common now for the number to be taken to aid deliver for this very reason

visidigi

deaston wrote: »

Apparently they did. I emailed at 17:34 saying the delivery was late and I was no longer going to wait in and I wanted the order cancelled. I got a reply at 18:21 saying:

"We are sorry that there has been some sort of communication issue regarding your order.

We have been in touch with the delivery company and they have been trying to contact you as they can not find your address. The telephone number you have left on our system is incorrect., or does not work. 01********

We need your correct number as the delivery driver is trying to find the property."

At this time I was in the supermarket and didn't get it for another hour or so.

You see that's really a bit of info you should have given in the first post...its also a reason the retailer is reacting in the way they are...

unholyangel

visidigi wrote: »

And how would you prove that either way as the number was wrong?

The courier didn't fail to deliver the shipment. The courier failed to delivery within a specified time as the data provided to him to aid delivery (Address and Telephone Number) were incorrect. Its very common now for the number to be taken to aid deliver for this very reason

OP said the address details were correct.

Any time I've given the phone number for delivery, its so they can keep me updated on its progress given they insist on specifying a date only until the actual delivery date because they can't pre-plan their route until they know where they need to be - not for me to give them directions.

visidigi

unholyangel wrote: »

OP said the address details were correct.

Any time I've given the phone number for delivery, its so they can keep me updated on its progress - not for me to give them directions.

You're lucky.

I've even been asked for directions to a city center office!

Anyway...

So the OP posted this on the first post...

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.

then in post 43 said this...

I emailed at 17:34 saying the delivery was late and I was no longer going to wait in and I wanted the order cancelled. I got a reply at 18:21 saying

So...the order wasn't late when the email to say they were leaving was sent. it was 26 minutes before cut off and unless the OP lives next to a supermarket they were in there 21 minutes after deadline when the retailer replied.

They emailed to cancel 26 minutes before deadline and went shopping!

Sorry but this isn't coming across well...

neilmcl

deaston wrote: »

Apparently they did. I emailed at 17:34 saying the delivery was late and I was no longer going to wait in and I wanted the order cancelled. I got a reply at 18:21 saying:

"We are sorry that there has been some sort of communication issue regarding your order.

We have been in touch with the delivery company and they have been trying to contact you as they can not find your address. The telephone number you have left on our system is incorrect., or does not work. 01********

We need your correct number as the delivery driver is trying to find the property."

At this time I was in the supermarket and didn't get it for another hour or so.

So hang on, you "emailed" them at 17:34 complaining that the delivery was late, even though strictly, according your post it wasn't quite, and then surprised that it took them til 18:21 to get back to you!

naedanger

deaston wrote: »

Apparently they did. I emailed at 17:34 saying the delivery was late and I was no longer going to wait in and I wanted the order cancelled. I got a reply at 18:21 saying:

"We are sorry that there has been some sort of communication issue regarding your order.

We have been in touch with the delivery company and they have been trying to contact you as they can not find your address. The telephone number you have left on our system is incorrect., or does not work. 01********

We need your correct number as the delivery driver is trying to find the property."

At this time I was in the supermarket and didn't get it for another hour or so.

If what they say is true then that may change matters and you may then be better relying on your statutory, rather than contractual, rights. (Since they may then have a reasonable argument for saying the delivery was, in the words of their terms, "aborted".)

I suggest you gather more information to see whether you believe their version of events seems credible. If it does then I suggest you read the points unholyangel made regarding your statutory rights.

deaston

visidigi wrote: »

You see that's really a bit of info you should have given in the first post...its also a reason the retailer is reacting in the way they are...

Which bit of info are you referring to?

I still feel that, regardless of whether or not the shipment arrived on time or not, I've changes my mind and want to cancel. There shouldn't really be an argument - the seller's T&Cs say they will refund the full amount if I change my mind within 14 days, and cover the cost of returning the items.

Leo2020

The delivery slot forms part of the contract. The courier failed to deliver within the timeslot. Therefore the OP is entitled to a full refund including the £10 delivery fee.

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

However I'm not sure if the incorrect phone number affects their rights. It could be argued that if they had given the correct phone number then it would have been delivered on time. But if the courier did not try to call them, or tried to call them after the agreed delivery then they would still have failed to deliver within the agreed time.

You have contradicted yourself, you say that they had up to 6pm and your contacted them 10 mins later. You then say that you emailed at 17.34 saying it was late.