online garden centre order - won't deliver for 2 months + but also won't cancel

Gonna-be-debt-free

Apologies if this is already covered somewhere.  I thought it would be and checked about a week's worth of posts but can't see similar.

At the beginning of April I placed an order with a well known national garden center for home deliver (via post) of seeds, plants and compost.  At the time delivery was quoted as 3 days for seeds, 7 days for plants and compost (or something very similar to those timescales).

I have received several automated/generic emails since to say that they have been inundated with orders and are working through a backlog.  Also a couple of automated emails specific to my order to update the estimated delivery dates.

So far (4 weeks after initial order) they have delivered a couple of packets of seed, out of a £100 order.  Their latest estimate for delivery of compost is June.  No delivery dates for plants.

I have emailed them saying I no longer need the order and want to cancel (there is no point in my having seeds but no compost, and no point in plants which should have been in the ground in April being delivered some time in the summer).  I get back an automated email pointing me to an FAQ to say they are not accepting cancellations, but cutomers can return items after they are delivered.

Obviously they have been impacted by Covid, and I am very sympathetic, but is there nothing I can do to force cancellation?  The items will be no good to me by the time they get here, I would rather order from somewhere that is actually delivering in a timely manner, I don't want to have to incur courier costs myself to return items when they eventually get here, and in the meantime they have my money.

I think it's pretty shoddy that they are still taking orders when they are working through a 2 month plus backlog for delivery.

DoaM

Return the (unopened) packets of seeds and cancel the contract. They are legally obliged to give you a refund within 14 days of you notifying them of cancellation. If they decline to do so then raise a chargeback on your card provider, and include evidence of your cancellation notice. The legislation that applies here is The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

[Deleted User]

Gonna-be-debt-free said:

I think it's pretty shoddy that they are still taking orders when they are working through a 2 month plus backlog for delivery.

I think you need to realise the enormous  extent of the serious effect  the National lockdown has had on every business in Britain. 

If this firm stop taking orders altogether their  revenue stream will cease and if they go under as a result you'll likely get nothing at all delivered. 

You wanted  some truly non-essential  items delivered to you during a pandemic and actually ordered well after the lockdown was initiated. 

Did you truly expect such a transaction to go smoothly during this period?  

Gonna-be-debt-free

DoaM said:

Return the (unopened) packets of seeds and cancel the contract. They are legally obliged to give you a refund within 14 days of you notifying them of cancellation. If they decline to do so then raise a chargeback on your card provider, and include evidence of your cancellation notice. The legislation that applies here is The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Thank you.  That's very helpful.

What do I do if they still deliver the cancelled order?  Am I still on the hook for return courier charges?

Gonna-be-debt-free

Moneyineptitude said:

Gonna-be-debt-free said:

I think it's pretty shoddy that they are still taking orders when they are working through a 2 month plus backlog for delivery.

I think you need to realise the enormous  extent of the serious effect  the National lockdown has had on every business in Britain. 

If this firm stop taking orders altogether their  revenue stream will cease and if they go under as a result you'll likely get nothing at all delivered. 

You wanted  some truly non-essential  items delivered to you during a pandemic and actually ordered well after the lockdown was initiated. 

Did you truly expect such a transaction to go smoothly during this period?  

No, I expected a delay, but not a 2 month delay.  Other suppliers of the same goods seem to be experiencing delays of a couple of weeks, which seems quite reasonable.  Many retailers have implemented a virtual queue, or just stopped taking orders for a few days while they clear their backlog.

[Deleted User]

Gonna-be-debt-free said:    Many retailers have implemented a virtual queue, or just stopped taking orders for a few days while they clear their backlog.

This firm may well have done the same with orders taken in the last month. You also don't know how badly impacted they may be from a staffing perspective. If their people are self-isolating, furloughed or even ill, those  remaining will be struggling  to cope. 

Regardless, you now know you can cancel your order if you wish-but don't expect vastly  "better" service elsewhere during the lockdown. Remember, you are purchasing non-essentials. 

the_lunatic_is_in_my_head

Moneyineptitude said:

Gonna-be-debt-free said:

I think it's pretty shoddy that they are still taking orders when they are working through a 2 month plus backlog for delivery.

I think you need to realise the enormous  extent of the serious effect  the National lockdown has had on every business in Britain. 

If this firm stop taking orders altogether their  revenue stream will cease and if they go under as a result you'll likely get nothing at all delivered. 

You wanted  some truly non-essential  items delivered to you during a pandemic and actually ordered well after the lockdown was initiated. 

Did you truly expect such a transaction to go smoothly during this period?  
....................................................................

Regardless, you now know you can cancel your order if you wish-but don't expect vastly  "better" service elsewhere during the lockdown. Remember, you are purchasing non-essentials. 

There are tens of thousands of small businesses trading on platforms such as eBay, Amazon and Esty who do not have the luxury of ignoring customers or delaying orders for excessive periods as the marketplaces offer protection schemes and performance requirements. 

So yes expect better service elsewhere as there are small businesses who will be over the moon with your custom.

Lockdown has been going on for a month now which should have given them time to get staff set up at home answering customer calls or emails. 

Big companies taking money, not delivering and then ignoring customers (with the exception of an auto email saying no cancellations) is not acceptable regardless of the current issues the virus has caused.

It's also a bit odd to highlight the purchase is non-essential but at the same time say the company requires the money.

OP I'd be contacting my card provider for assistance  

[Deleted User]

the_lunatic_is_in_my_head said:

It's also a bit odd to highlight the purchase is non-essential but at the same time say the company requires the money.  

That was in response to the Op's assertion that the company had given him "shoddy" service by being unable to fulfil his purchase and yet was still (apparently) taking orders. 

In normal trading times, I would agree with everything both you and the OP has said. But these are not normal times. 

On the one hand it's good that the OP felt confident to place an order weeks into the lockdown. On the other I'm very surprised at his horror that his order isn't going to be fulfilled anytime soon. 

While the big supermarkets have been increasing staffing levels and putting extra resources into home delivery they are focusing on their  essential range of products.   Companies selling non-essentials have not been able to provide these extra resources because the current dip in sales does not justify the extra spend. It's a lose lose situation both for the customer and the retailer. 

unholyangel

Moneyineptitude said:

the_lunatic_is_in_my_head said:

It's also a bit odd to highlight the purchase is non-essential but at the same time say the company requires the money.  

That was in response to the Op's assertion that the company had given him "shoddy" service by being unable to fulfil his purchase and yet was still (apparently) taking orders. 

In normal trading times, I would agree with everything both you and the OP has said. But these are not normal times. 

On the one hand it's good that the OP felt confident to place an order weeks into the lockdown. On the other I'm very surprised at his horror that his order isn't going to be fulfilled anytime soon. 

While the big supermarkets have been increasing staffing levels and putting extra resources into home delivery they are focusing on their  essential range of products.   Companies selling non-essentials have not been able to provide these extra resources because the current dip in sales does not justify the extra spend. It's a lose lose situation both for the customer and the retailer. 

Your argument might hold water with me had OP ordered before the lockdown. But they didn't. They ordered after lockdown - at which point the company should have been aware of any issues that may affect their capacity to fulfil orders and updated delivery dates accordingly so consumers could make an informed choice. 

But the poor service he's received isn't really the delay itself, it's the fact it's been delayed 2 months beyond the original date AND that they're refusing to let OP cancel despite this - which is point blank wrong because even if the goods were exempt from the right to cancel under CCRs (the compost and seeds wouldn't be, the plants might be depending on specifics), goods must be delivered when agreed or - if no time is agreed - within 30 days. 

OP, if it's been at least 15 days from when you were supposed to receive the goods then contact your bank and ask about a chargeback for goods not received. They may ask you to send the seeds back but it will at least get you your money back. 

[Deleted User]

unholyangel said:Your argument might hold water with me had OP ordered before the lockdown. But they didn't. They ordered after lockdown - at which point the company should have been aware of any issues that may affect their capacity to fulfil orders and updated delivery dates accordingly so consumers could make an informed choice.

I think some members of this forum are not appreciating the devastating economic effects of this lockdown.

The OP especially should have been aware by April (when he ordered) that any such purchase (especially for home delivery) was inevitably going to be impacted. I also expect the company wasn't providing an inaccurate  delivery date at the time of purchase, but was affected by delays that only became apparent afterwards. 

 

Earlier I alluded to this being a non-essential purchase, but even the transit of essentials has been hit across the globe.  Covid-related slaughterhouse shutdowns in the US are leading to fears of meat shortages and price rises, while farmers are being forced to consider “depopulating” their animals.

All of this means that, yes, the Op can (perhaps should) demand a refund. However, I think the "small independent" businesses selling the same products on the internet will be just as impacted by the same supply issues as this "well known national garden centre"

unholyangel

Moneyineptitude said:

unholyangel said:Your argument might hold water with me had OP ordered before the lockdown. But they didn't. They ordered after lockdown - at which point the company should have been aware of any issues that may affect their capacity to fulfil orders and updated delivery dates accordingly so consumers could make an informed choice.

I think some members of this forum are not appreciating the devastating economic effects of this lockdown.

The OP especially should have been aware by April (when he ordered) that any such purchase (especially for home delivery) was inevitably going to be impacted. I also expect the company wasn't providing an inaccurate  delivery date at the time of purchase, but was affected by delays that only became apparent afterwards. 

 

Earlier I alluded to this being a non-essential purchase, but even the transit of essentials has been hit across the globe.  Covid-related slaughterhouse shutdowns in the US are leading to fears of meat shortages and price rises, while farmers are being forced to consider “depopulating” their animals.

All of this means that, yes, the Op can (perhaps should) demand a refund. However, I think the "small independent" businesses selling the same products on the internet will be just as impacted by the same supply issues as this "well known national garden centre"

What I'm saying is that if the business apparently didn't know (given their timescales when OP ordered) then how on earth is it reasonable to expect the consumer to know?. 

But none of the emails OP has received seems to imply they have issues with delivering due to covid. They have only stated they were inundated with orders (which will be because of people being stuck at home due to covid with nothing else to do but garden) - which is entirely within their control how many they accept. But again, the real issue here is that they're depriving the OP of their consumer rights by not allowing them to cancel.

I go onto my garden centre website and it quite clearly tells me how long my order is going to be delayed before I place the order. Their T&C's also allow cancellations (as they should - for situations under CCRs or CRA). If they can do it, why can't the OP's?