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Perishables - customer not collected

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Hi
We sell flowers online

We have a customer who despite many notifications of attempted delivery and then taking to the post office for collection have failed to collect their goods and allowed them to die.

We know the law states that perishables are not cancellable or returnable

But what if the customer doesn't bother to collect

Are we still obliged to refund

If not can you show me where in law it states this

Thanks
«1

Comments

  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If they're not cancellable or returnable then on what basis would there be a refund?
  • 2stixoftwix
    2stixoftwix Posts: 61 Forumite
    davidmcn wrote: »
    If they're not cancellable or returnable then on what basis would there be a refund?


    The goods have to be delivered 1st - what if the goods were never delivered because the customer failed to collect
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The goods have to be delivered 1st
    Aren't they paying in advance? If so then it's up to them to demonstrate why they're entitled to a refund.

    Obviously for your purposes you want evidence of an attempted delivery to be treated in the same way as evidence of a successful delivery.
  • 2stixoftwix
    2stixoftwix Posts: 61 Forumite
    Yes they have paid in advance
    I have full tracking showing sms notifications, repeated delivery - transfer to local post office etc
  • What do you mean "the goods have to be delivered first"?


    Once the order is placed with you it can't be cancelled or refunded. What's delivery got to do with it?
  • Pollycat
    Pollycat Posts: 35,755 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Savvy Shopper!
    Isn't your customer the person who ordered the flowers (and paid for them) rather than the recipient?
    Or do people regularly send flowers to themselves?
    Your contract is with the customer.

    Have you had a request for a refund or are you just asking on a 'just in case' basis?
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    When you set up your business, this is something ou should haves n’!ludes in your terms and conditions.
  • Why is everyone so angry! I have no answers but I’m sure forums are meant to help people?
  • 2stixoftwix
    2stixoftwix Posts: 61 Forumite
    It is in my terms - but I would like to know the law and if I am correct

    If you sent a £100 bunch of flowers to someone (say I'm Interflora) and the couriers attempted the delivery twice and then taken to the post office for collection
    Full tracking to the customer and sms messages yet the customer couldn't be bothered to collect
    would me / interflora just write off the £100

    does non collection come under cancellation, buyer remorse ...
  • Pollycat
    Pollycat Posts: 35,755 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Savvy Shopper!
    Mistee40 wrote: »
    Why is everyone so angry! I have no answers but I’m sure forums are meant to help people?

    Nobody is angry.
    They are just asking questions so that they can try to help.
This discussion has been closed.
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