Very.co.uk - Has anyone used small claims court?

Dirk_Diggler

The courier lost it. There were no T&C's for this, it simply states that if Very fail to deliver by Christmas you get the item for free.

Dirk_Diggler

The promise states 'if we promise to deliver it before Christmas, we'll deliver it by Christmas or it's yours for free'.

I also have an unprompted email from Very stating I qualified for the Christmas Delivery Promise and it would be sorted by 31/1/2016.

It doesn't give Very much wiggle room to then try and retract the advert and the email they sent.

unholyangel

Dirk_Diggler wrote: »

The courier lost it. There were no T&C's for this, it simply states that if Very fail to deliver by Christmas you get the item for free.

There are always T&C's.

Otherwise there would be nothing stopping people ordering loads of goods before the cut off and if they do turn up, refusing to answer the door and accept delivery of them.

You said you complied with all the dates, paperwork etc and that your item was not one of the exceptions - there must be T&C's if you're able to know all of that!

marliepanda

Seems very odd to have no terms at all...

It seems this failed due to something aside of Verys control.

Dirk_Diggler

Sorry, I'm not being clear, I meant there were no T&C's re the courier. The promise was about delivery, not despatch, so it would be odd to discount claims due to the courier.

The T&C's were:

'in the unlikely event we fail to deliver, or attempt delivery at your address by the 24th December'. Note: they didn't attempt delivery, this was confirmed on the parcel tracking.
'items that require two people to deliver eg furniture' NA as it's a watch
'Orders that include more than 5 items of the same product' NA as it was one item
'Orders placed on staff sales account' NA as I don't work for them.

On top of this, I still have the email from Very stating I qualify for the promise, which they wouldn't have sent if any of the T&C's had been broken.

tomtontom

From Wayback Machine:

Terms & Conditions
The Christmas delivery promise applies to items ordered between 12pm Weds 16th Dec and 10pm Weds 23rd Dec where a delivery date up to and including Thu 24th Dec is given. Your delivery date will be given to you at the checkout when you place your order

In the unlikely event that we fail to deliver or attempt delivery to your specified delivery address by 24th Dec, we will credit you the cost of your order, plus any delivery charge, by the original means of payment. Credits will be made by 31.01.16

Shop Direct reserves the right to withdraw the offer at any time up to 10pm 23rd Dec

This offer does not apply to orders that are delayed due to fraud or credit account referral

Most items are included in the offer however there are some exclusions;

- Items that require 2 people to deliver e.g. furniture, white goods and large TVs
- Orders that include more than 5 units of the same product
- Orders placed on staff sales accounts

Dirk_Diggler

That's what I have, thanks for posting it as mine is a screenshot so couldn't copy/paste.