perishable items

2stixoftwix

We bought some flowers and chocolate from an online florist for a friend

When the courier company tried to deliver to us the friend wasn't in and didn't bother to arrange re-delivery of the parcel. They eventually got returned to the online florist.

They have refunded me the cost of the chocolates and original postage, but have refused to refund the price of the flowers (over £30) , saying that they were dead and as were perishable weren't covered by distance selling

Is this right?
I am kind of annoyed

davidmcn

Makes sense to me. Why should the retailer take the risk of the recipient not being in and not arranging redelivery?

askmeaboutsofas

Sorry OP, as it's not their fault the flowers weren't delivered and they weren't faulty, they don't have to refund you for them.


https://www.gov.uk/accepting-returns-and-giving-refunds


I suspect most florists would be out quite a lot of money over the year if they had to accept returns of dead flowers.

bris

Sorry it's on your friend, the courier tried, the retailer did nothing wrong.

2stixoftwix

Thanks, I understand all the arguments, but the law states a change of mind.
The item was never delivered - is this classed as a change of mind under uk law?

the_lunatic_is_in_my_head

2stixoftwix wrote: »

is this classed as a change of mind under uk law?

http://www.legislation.gov.uk/uksi/2013/3134/regulation/28/made

Limits of application: circumstances excluding cancellation

(c)the supply of goods which are liable to deteriorate or expire rapidly;

Flowers will be exempt from right to cancel.

KatrinaWaves

2stixoftwix wrote: »

We bought some flowers and chocolate from an online florist for a friend

When the courier company tried to deliver to us the friend wasn't in and didn't bother to arrange re-delivery of the parcel. They eventually got returned to the online florist.

They have refunded me the cost of the chocolates and original postage, but have refused to refund the price of the flowers (over £30) , saying that they were dead and as were perishable weren't covered by distance selling

Is this right?
I am kind of annoyed

Surely youre annoyed with your friend, not the florist?

Why should the florist lose out on money because of the actions of your friend?

DoaM

the_lunatic_is_in_my_head wrote: »

http://www.legislation.gov.uk/uksi/2013/3134/regulation/28/made

Limits of application: circumstances excluding cancellation

(c)the supply of goods which are liable to deteriorate or expire rapidly;

Flowers will be exempt from right to cancel.

But that's not what the OP is asking ... they're not looking to cancel, they're looking for a refund due to the contract not being completed (i.e. no successful delivery).

Whilst non-delivery would normally lead to a right to cancel, I really don't know the answer in this scenario though.

KatrinaWaves

DoaM wrote: »

But that's not what the OP is asking ... they're not looking to cancel, they're looking for a refund due to the contract not being completed (i.e. no successful delivery).

Whilst non-delivery would normally lead to a right to cancel, I really don't know the answer in this scenario though.

Too open to abuse, I could order flowers and food all day long and refuse delivery, and cost the companies £XXXXXX

the_lunatic_is_in_my_head

DoaM wrote: »

But that's not what the OP is asking ... they're not looking to cancel, they're looking for a refund due to the contract not being completed (i.e. no successful delivery).

Whilst non-delivery would normally lead to a right to cancel, I really don't know the answer in this scenario though.

From what I understand the entire of Part 3 doesn't apply.

Part 5 (passing of risk) continues to apply but I assume that means the florist is responsible for ensuring the flowers reach the customer.

Whether that means the florist should provide fresh flowers or only has to provide the now dead flowers I'm not sure.

But, from my interpretation, there is no right to cancel.

2stixoftwix

I am (very) annoyed with my friend, from my conversation with the florist they did over and above trying to get in contact even leaving a message on their phone

I was just wondering about the fact that they weren't actually delivered, but I see from the above that perishables can't be cancelled

Last time my friend gets flowers!