Florist order delivered incomplete, refund refused

Hi,

I ordered a Valentine's day gift set from the Blossoming Gifts website, to arrive at my girlfriend's address on 14th Feb.

(Can't link the product, its on the Blossoming Gifts website under the "Valentine's Day" section and it's called "Romantic Gift Set"). I paid using debit card.

I used a £10 discount code that was available at the time.

On 14th Feb, it was delivered, but only the bouquet - no chocolates or balloons. I informed the company by email 14th Feb after their closing time. Today we've exchanged a few emails - I started by asking for them to send the missing items, but they say they can't as they're "part of a package". At first they offered "Store credit if that's OK", when I said it's not they then offered refund of delivery, which they're now not budging on.

I believe I'm entitled to a full refund, correct? I've pointed out that the order was not fulfilled as advertised but no budging. What would you guys suggest is the best way forward for me?

I don't think I've been unreasonable, all I want is the missing items (i.e. what I actually paid for!) or a full refund, they're not having it.

Thanks

-Tom

Comments

  • KeithP
    KeithP Posts: 41,278 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 15 February 2018 at 9:34PM
    I would say you are not entitled to a full refund.
    After all, you tell us that the bouquet was delivered.

    In my opinion, you are entitled to a refund of the cost of the missing components.

    Perhaps the last part of your final sentence should look something like:
    ...all I want is the missing items (i.e. what I actually paid for!) or a full refund of the cost of the missing items, they're not having it.
  • bbspiderx wrote: »
    I believe I'm entitled to a full refund, correct?
    Why would you be entitled to a full refund if the majority of your order was delivered? You are never entitled to betterment.

    I'm certain you'll get a refund of some of the amount you paid, but pushing for 100% is both greedy and futile. Just accept a part refund and be done with it.
  • POPPYOSCAR
    POPPYOSCAR Posts: 14,902 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It would have been good customer relations to have refunded the whole order but the best you can do is accept a partial refund and never use them again.
  • OK, thanks all. Every day's a school day!
  • DCFC79
    DCFC79 Posts: 40,622 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    In future maybe get the flowers, balloon and chocolates yourself, it means there's no issues with half being delivered.
  • LilElvis
    LilElvis Posts: 5,835 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    DCFC79 wrote: »
    In future maybe get the flowers, balloon and chocolates yourself, it means there's no issues with half being delivered.

    Even getting all of the items wouldn't have made it any better had i been the recipient as no thought went into it - click, click, that will do, enter card details. Would probably have been lovely had I been 15 though :)
  • Wow, well she was on the other side if the country so would have been difficult but yeah, thanks for your useful contribution there!
  • ThumbRemote
    ThumbRemote Posts: 4,715 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    bbspiderx wrote: »
    I believe I'm entitled to a full refund, correct? I've pointed out that the order was not fulfilled as advertised but no budging. What would you guys suggest is the best way forward for me?

    I don't think I've been unreasonable, all I want is the missing items (i.e. what I actually paid for!) or a full refund, they're not having it.

    Contrary to the bad advice given on here by some other posters, you are actually entitled to a full refund. In fact, legally it's the only thing you are entitled to. You are at liberty to accept a partial refund if you wish, but there is absolutely no obligation on yourself to do so.

    They are claiming that the items were ordered as a package. They have failed to fulfil the contract which was for the whole package of items; therefore the contract should be cancelled and both parties put back into the state they were before it was formed. The caveat here is that it means you have to return the flowers! They may want to send a courier or someone from the florists round to collect them - if so, this must be at a time convenient for you. Or they could provide a shipping label - you aren't in any way obliged to send them at your own cost or inconvenience. And the fact the flowers will be dead if returned is absolutely not your concern.

    If the retailer want to try and be difficult, for no sensible reason, then play them at their own game. Stick to the letter of the law and do what your consumer rights allow. Have a laugh about it with your girlfriend, tell her the story, get a refund and tell her to keep the dead flowers in case the shoddy retailer wants them back. Then promise to spend the money on a nice meal out together next time you meet up.

    The fact you have an email trail is good news. Presuming you paid by card, contact your card issuer and tell them you want to perform a chargeback - see the MSE guide here: https://www.moneysavingexpert.com/shopping/visa-mastercard-chargeback. You can send the emails to the card issuer as proof of the retailer refusing to fulfil the contract.
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    The caveat here is that it means you have to return the flowers!

    I think you are probably right about the full refund. However, in this case the OP doesn't have the flowers, they were sent to his girlfriend on the other side of the country. Obviously she could send them back herself, but if they were providing a courier to collect them could they insist that they are available to collect from the purchaser's address, or can the purchaser insist on collection from the delivery address?
  • Contrary to the bad advice given on here by some other posters, you are actually entitled to a full refund.
    I doubt the OP will be able to return the flowers which were delivered, so I don't believe I gave the OP "bad" advice by saying that he won't be getting a full refund.

    The vast majority of the order was delivered and it was only chocolates (and some balloons!) that were missing.

    In this case, I still believe a full refund is not appropriate or feasible.
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