Graduation Cap didn't arrive for the ceremony, can I get a refund?

unholyangel

It seems OP's mum has been waiting for around 2 months at present. I'd personally say they've waited long enough.

(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.

The retailer should not be making OP their insurer. The consequences of failing to perform a contract within the agreed time is that the consumer can treat the contract at an end - if the consumer treats the contract at an end, the retailer is under an obligation to reimburse all monies paid under the contract without undue delay.

Chargeback or LBA to the retailer.

KeithP

unholyangel wrote: »

It seems OP's mum has been waiting for around 2 months at present. I'd personally say they've waited long enough.




The retailer should not be making OP their insurer. The consequences of failing to perform a contract within the agreed time is that the consumer can treat the contract at an end - if the consumer treats the contract at an end, the retailer is under an obligation to reimburse all monies paid under the contract without undue delay.

Chargeback or LBA to the retailer.

I suspect, but we don't know, that there was 'an agreed time or period'.

The companies that deal with this paraphernalia tend to despatch it quite close to the event, mainly because it is usually hired.

In this case the bonnet was purchased, but I would expect the seller's despatch arrangements to be similar.

unholyangel

KeithP wrote: »

I suspect, but we don't know, that there was 'an agreed time or period'.

The companies that deal with this paraphernalia tend to despatch it quite close to the event, mainly because it is usually hired.

In this case the bonnet was purchased, but I would expect the seller's despatch arrangements to be similar.

Well according to their website T&C's, no they don't. When ordering graduation items, they also ask what date your graduation is - they missed OP's mums date.

However as per paragraphs 7 & 8 of section 28 of the CRA, OP's mum allowed them a further period, they still didn't deliver therefore OP's mum has the right to treat the contract at an end (and be refunded in full without undue delay).

KeithP

unholyangel wrote: »

When ordering graduation items, they also ask what date your graduation is - they missed OP's mums date.

That in itself does not indicate that they don't operate with 'an agreed time or period'. It simply means that they made a mistake.

The point being that if they agreed to send the goods to arrive just before graduation day, 26 July, then even if it arrived tomorrow it would still less than two weeks late, rather than the two months you suggest the OP's mother has been waiting.

unholyangel

KeithP wrote: »

That in itself does not indicate that they don't operate with 'an agreed time or period'. It simply means that they made a mistake.

The point being that if they agreed to send the goods to arrive just before graduation day, 26 July, then even if it arrived tomorrow it would still less than two weeks late, rather than the two months you suggest the OP's mother has been waiting.

They don't specify that they don't dispatch till x days before graduation though (or anything to that effect) - thats my point. Their terms don't set a period for performance.

phil_han

I really appreciate everyone's inputs. It certainly made me a wee bit less emotional!

/Annie35 - I did make it clear on every correspondence saying the item hasn't arrived. I don't think it quite registers on them though. :mad:
I will pester my mam about raising this matter with the college. Although she has doubts as to whether her college would take this seriously enough.

/edddy - Oh, I think they know the item didn't get delivered on time. After all, they admitted about sending the item only a day before. I just think it's more about having monopoly and the graduations being one-off event that makes them act so unprofessionally.

/Gazebo - I certainly hope they didn't send it second class, considering they sent the bonnet just a day before the ceremony! In fact, I have little idea about how the item has been posted. We weren't given any tracking numbers. I did check the local delivery office, but no luck there either.

/Steampowered - This is the issue with me at the moment. Ede & Ravenscroft knew the items had to be delivered by the graduation day. Yet they only sent the item a day before the ceremony. Shouldn't the deadline for acceptable delivery be by the graduation date?

/KeithP, /unholyangel - Since the item in value is over 100 GBP, chargeback doesn't seem to be a valid option for me. Section 75 refund then?

As for missing the graduation date, I thought about quoting the same phrase as unholy (but decided against being too legal jargon-y). As per Consumer Right Act 2015:

(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 subsection (3), or at the agreed time or within the agreed period, was essential,then the consumer may treat the contract as at an end.

So, I assumed the delivery of the bonnet for the graduation ceremony to be essential. But I understand that it can be interpreted otherwise.

Anyway, one question I have is... am I obliged inform the retailer about claiming Section 75 or intending to? Or is this going to be a strict CC and customer issue?

KeithP

phil_han wrote: »

/KeithP, /unholyangel - Since the item in value is over 100 GBP, chargeback doesn't seem to be a valid option for me. Section 75 refund then?

There is no upper limit for a chargeback, therefore a chargeback is acceptable and will be the card issuer's first choice.

phil_han wrote: »

Anyway, one question I have is... am I obliged inform the retailer about claiming Section 75 or intending to? Or is this going to be a strict CC and customer issue?

No need to advise the seller.

unholyangel

phil_han wrote: »

I really appreciate everyone's inputs. It certainly made me a wee bit less emotional!

/Annie35 - I did make it clear on every correspondence saying the item hasn't arrived. I don't think it quite registers on them though. :mad:
I will pester my mam about raising this matter with the college. Although she has doubts as to whether her college would take this seriously enough.

/edddy - Oh, I think they know the item didn't get delivered on time. After all, they admitted about sending the item only a day before. I just think it's more about having monopoly and the graduations being one-off event that makes them act so unprofessionally.

/Gazebo - I certainly hope they didn't send it second class, considering they sent the bonnet just a day before the ceremony! In fact, I have little idea about how the item has been posted. We weren't given any tracking numbers. I did check the local delivery office, but no luck there either.

/Steampowered - This is the issue with me at the moment. Ede & Ravenscroft knew the items had to be delivered by the graduation day. Yet they only sent the item a day before the ceremony. Shouldn't the deadline for acceptable delivery be by the graduation date?

/KeithP, /unholyangel - Since the item in value is over 100 GBP, chargeback doesn't seem to be a valid option for me. Section 75 refund then?

As for missing the graduation date, I thought about quoting the same phrase as unholy (but decided against being too legal jargon-y). As per Consumer Right Act 2015:



So, I assumed the delivery of the bonnet for the graduation ceremony to be essential. But I understand that it can be interpreted otherwise.

Anyway, one question I have is... am I obliged inform the retailer about claiming Section 75 or intending to? Or is this going to be a strict CC and customer issue?

As keithp says, no upper limit on chargeback. Usually section 75 is superior to chargeback (as s75 is a legal right you have while chargeback is part of mastercards/visas own policy) but in this instance, chargeback for non-delivery should be the quickest way.

And yes, I'd agree with what you posted - it should have been obvious to any reasonable person that delivery before the graduation date was imperative to the contract. I wouldn't be too shy on using it - even if they argue that the time period was not essential, your mother allowed them a further period in which to deliver and they still failed (read paragraphs 7 & 8 of section 28).

Under the law, if time period is essential and its breached, you have the right to end the contract. If its not essential, you should allow a further period for performance and if they fail to deliver within that further period, then you can treat the contract at an end.

So whatever way they swing it, you have the right (or rather your mum does) to treat the contract at an end and the retailer should refund all monies paid without undue delay.

steampowered

phil_han wrote: »

/Steampowered - This is the issue with me at the moment. Ede & Ravenscroft knew the items had to be delivered by the graduation day. Yet they only sent the item a day before the ceremony. Shouldn't the deadline for acceptable delivery be by the graduation date?

The deadline for delivery is a reasonable time period, unless the seller agreed a specific delivery date before you purchased the cap.

I would focus more on the fact that the cap hasn't arrived, rather than arguing about the graduation date. It seems to me neither here nor there that the graduation has passed given that the cap never arrived in the first place.

Certainly you should send the cap back to them if it arrives, but I don't think it is fair for them to keep you waiting too long for a refund.

You are entitled to return goods bought online for a refund under the consumer rights act anyway.

unholyangel

steampowered wrote: »

The deadline for delivery is a reasonable time period, unless the seller agreed a specific delivery date before you purchased the cap.

I would focus more on the fact that the cap hasn't arrived, rather than arguing about the graduation date. It seems to me neither here nor there that the graduation has passed given that the cap never arrived in the first place.

Certainly you should send the cap back to them if it arrives, but I don't think it is fair for them to keep you waiting too long for a refund.

You are entitled to return goods bought online for a refund under the consumer rights act anyway.

Think you've gotten a little mixed up with your statute.

Soga used to say delivery had to be within a reasonable time afaik but CRA & CCRs give a definite period of 30 days (unless agreed otherwise).

The legislation that gives you the right to return most goods purchased online is the consumer contract regulations.