Next Day Delivery missed, compensation rights?

Wiseguy

unholyangel wrote: »

Loss of enjoyment/distress/inconvenience can only be claimed where the purpose of the contract itself was to provide enjoyment/relaxation. The purpose of this contract was to provide computer components. The fact those goods might bring the user enjoyment is neither here nor there, because it was not the purpose of the contract itself.

Think holiday, wedding planner....that sort of thing.

Not sure I would agree with you on this, the leading case on relaxation or pleasure was a contract for the surveying of a property, so if going by your reasoning, the purpose of the contract was to simply provide a survey and nothing more - another example is where compensation was awarded when an acrhitect was in breach of designing a couple's home to their standard. Again, the contract was to provide drawings of a house, but the couple were nonetheless awarded compensation.

I think it's reasonably foreseeable that the object of purchasing computer components was for enjoyment, relaxtion, pleasure etc.

davidmcn

Wiseguy wrote: »

I think it's reasonably foreseeable that the object of purchasing computer components was for enjoyment, relaxtion, pleasure etc.

Surely you could claim that for almost anything though? I doubt it's valid otherwise it would be regularly mentioned as a head of claim. "I was disappointed I wasn't able to relax while wearing those particular socks last Tuesday" etc.

unholyangel

Wiseguy wrote: »

Not sure I would agree with you on this, the leading case on relaxation or pleasure was a contract for the surveying of a property, so if going by your reasoning, the purpose of the contract was to simply provide a survey and nothing more - another example is where compensation was awarded when an acrhitect was in breach of designing a couple's home to their standard. Again, the contract was to provide drawings of a house, but the couple were nonetheless awarded compensation.

I think it's reasonably foreseeable that the object of purchasing computer components was for enjoyment, relaxtion, pleasure etc.

Not quite sure I'd call that the leading case but I know the one you're referring to.

However, you seem to be missing that the purpose of a survey is to provide peace of mind/assurance when buying a property. In the case you mention, they failed to highlight major issues which led to the couple having to travel quite a distance every week to oversee building works which should have never been required in the first place and eventually led to their break up. Given the years of inconvenience they suffered, the amount they were awarded was paltry - around £1 per day.

In both examples you quote, that is a contract for services - not goods.

Wiseguy

I'm don't think I'm missing the purpose, there's a variety of cases on this point including one or two about defective cars. The point being is that it need not be the sole object of the contract in order to justify a claim for loss of enjoyment and yes I agree the two cases mentioned were services related, but loss of enjoyment is not limited to services contracts. Even if I am wrong about the pleasure, relaxation etc. I think you could argue the second limb under Farley which is the distress and inconvenience being directly related to the breach and foreseeable.

In either case, I agree with you and like I said in my earlier post any award is probably going to be a small amount. My view is that it would be wrong to say that you can't claim loss of enjoyment at all, rather it's probably not worth arguing.

Not sure we are talking about the same house design case but I don't see the need to go into any great detail on it, was just an example given.

akira181

unholyangel wrote: »

You said in your previous post that DPD would not allow you to change the address, did you only reschedule with DPD or did you ask the retailer to deliver to another address? DPD are the retailers agent therefore strictly speaking, they're only obliged to take directions from their customer.

DPD had no option to change address and the vendor said my order had to go to the billing address for security reasons or whatever.

unholyangel wrote: »

Did you inform the retailer you'd have to take another day off at x cost if they couldn't make alternative arrangements? I'd also question your calculation of your day rate. If you're salaried (which I suspect you are) then its generally salary / 260.

You should definitely get a refund of the next day delivery - because you paid for a service that was not provided. But anything extra would depend on exact circumstances.

I informed them that me and my partner work and no-one will be in between 9-5. They gave the usual spiel of "PM delivery cannot be guaranteed, ask someone to wait in, you get a text message telling you your delivery slot once it's left the depot, etc." Taking off from work at a moments notice for up to a couple hours isn't realistic and as my partner and I don't live near family and pretty much all the people we know here we met through one job or another, none of those options were viable.

I didn't realise the calculation was salary / 260, but it works out quite similar. Any claim for "loss of enjoyment" in this case is probably down to a gesture of goodwill for the mess up although I do believe compensation for consequential loss / loss of earnings applies as I needed to use my last day of annual leave to wait in due to the missed delivery date.

After lengthy discussion with them on the phone today, they agreed to extend my 14 day returns period since I cannot use / test anything at the moment and refunded my postage but would not offer any monetary or store credit as compensation. The best they could do was the some freebie tat like a mouse mat and mug and a Steam game voucher for Red Dead Redemption 2 worth £54.99.

Not really my kind of game but it's now getting to the stage where it's taking more time than it's worth and I don't think sending a formal letter is going to make much difference. I'll probably see if they have any other vouchers available or just try to flip it on eBay. Thanks for the help!

GolfmanSSGC

I ordered a replacement part for a golf trolley and paid for next day delivery as I needed to repair the trolley in order to play golf. The part did not arrive next day so I purchased the same component from another source and cancelled my order, before the item was delivered. The online supplier agreed to a refund if I returned the item within 14 days. When checking specifically was was included in the refund it was only the cost of the item and so excluded the delivery cost and they also want me to pay return delivery charges.
As they failed to deliver on time ( next day ) am I entitled to a full refund including delivery and should return delivery be FOC?

Manxman_in_exile

Golfman - you're more likely to get more useful responses by starting your own new thread rather than resurrecting one three months old.

akira181

GolfmanSSGC said:

I ordered a replacement part for a golf trolley and paid for next day delivery as I needed to repair the trolley in order to play golf. The part did not arrive next day so I purchased the same component from another source and cancelled my order, before the item was delivered. The online supplier agreed to a refund if I returned the item within 14 days. When checking specifically was was included in the refund it was only the cost of the item and so excluded the delivery cost and they also want me to pay return delivery charges.
As they failed to deliver on time ( next day ) am I entitled to a full refund including delivery and should return delivery be FOC?

This is a really old thread so you would have been better off starting a new one.  You would get more relevant responses.

I'm no expert but you paid for next day delivery and they failed to provide that service, which I think is a breach of contract, so you should be entitled to that being refunded.  If they agreed to the refund the item, you should have asked them to inform the courier to return to sender or refused to accept delivery and the courier would have returned the part.  If you already have the part, I'm unsure if return delivery could be reimbursed.  Someone more knowledgeable on the subject will need to advise.

DoaM

Read the delivery T&Cs very carefully ... next day delivery doesn't necessarily mean next day after ordering - it can mean next day after being sent for dispatch (which may be a couple of days after ordering).