Late goods

raddy59

I ordered some electronic equipment I needed urgently online. This store said delivery would be next working day which is exactly what I needed. If it came any later it is too late. The equipment didn't arrive - they did not advise me of the delay - I will have to go out and buy the equipment I need tonight. If the equipment arrives and I return it will I have to pay the return post (as they state in their "cancellations and returns policy"? it's a hefty item and will cost a lot of money to post back

[Deleted User]

Yes, unless delivery was guaranteed.

IAmWales

Have you called them to ask if they can cancel the order?

If you ordered on Sunday, some retailers will not dispatch until the Monday. What did the terms and conditions say?

raddy59

Will despatch next working day.
They have the equipment on their website stills saying acailable for next day deliver if ordered within 6.5 hours i.e. before 4 o clock. The point also I have had money taken from my CC a/c so as far as I knew it was a deal.

neilmcl

raddy59 wrote: »

Will despatch next working day.
They have the equipment on their website stills saying acailable for next day deliver if ordered within 6.5 hours i.e. before 4 o clock. The point also I have had money taken from my CC a/c so as far as I knew it was a deal.

Dispatch next working day doesn't mean guaranteed next day delivery. As above, unless you were guaranteed to get it today then you will have pay for the return, if that's stated in the T&Cs. Also, as mentioned above, can you not cancel it now before you get it delivered, or refuse the delivery.

What's the website?

raddy59

Rimmers Music - I can't even access my order details. They are on permanent answerphone. They still have the item on their site as "order within the next 7 hours for next day delivery". they took my money, but I notice the price has changed since I ordered

neilmcl

Can I ask what your ordered as their "Next Day Delivery" terms are a little confusing? They state that small items under 1KG in weight are dispatched using Royal Mail 2nd class and suggest everything else they use DPD Local or TNT. Do you know who your courier is?

raddy59

I just managed - at last - to contact them and they said there was a mix up - they are guaranteeing sending the thing out today (just in time - needed by tomorrow). I'll definitely in future say that time is of the essence

DoaM

One could reasonably assume that the very act of selecting next day delivery indicates time is of the essence.

Fosterdog

DoaM wrote: »

One could reasonably assume that the very act of selecting next day delivery indicates time is of the essence.

What if that is their standard delivery option rather than a specific selection? (which appears to be the case here for all orders over £25) Their T&Cs also state that delivery dates are an estimate only and specifically state that no contract is formed until the goods are received by the customer.

unholyangel

I'd say given what OP has said, this could be a b2b and OP may not be able to rely on the section of the consumer rights act that relates to time for performance