Online seller ignored my cancellation emails and calls

reggie76

A personalized item was ordered for my birthday nearly a month ago to arrive on time for the day. I did my research into the company and found out that they had orders backed up in excess of a month and still hadn't shipped them out. Their website said still with the pandemic going on they promise delivery within 7 days. Within 2 days of the order being placed I made many calls and sent an email to find out if it would arrive on time and to cancel it if it won't, I never received a response and every call went to voicemail. Skip forward to after my birthday, I made more phone calls and sent another email to fully cancel the order as it was now 3 weeks since it had been ordered and still I had no response to any correspondences. The bank was contacted about a chargeback which they are currently processing. Nearly 1 week after the final email to cancel the order the company sends the product regardless of all the emails and calls I made to cancel well before the product had even been made. I believe this was done on purpose as I can still see many complaints on their social media accounts from people who ordered before me who still haven't received anything, not even a confirmation email. I'm now looking for advice for what to do as I won't even be using the item at all. Any help would be appreciated, thank you.

ssparks2003

How much did you spend and how did you pay? 

reggie76

@ssparks2003   It was £48 with a business account debit card

[Deleted User]

reggie76 said: business account debit card

Business-to-business transactions are not covered by Consumer Rights Legislation. 

MobileSaver

Moneyineptitude said:

reggie76 said: business account debit card

Business-to-business transactions are not covered by Consumer Rights Legislation. 

While this is correct, just because it was paid for with a business debit card does not make it a business to business transaction.

It would depend on the item purchased, its use and the nature of the OP's business. Importantly, if the seller claims Consumer law does not apply due to B2B, it is for the seller to prove it.

reggie76

There's no link between them both as the business account is for a limited company's healthcare payments and the item was a number plate

MobileSaver

reggie76 said:

There's no link between them both as the business account is for a limited company's healthcare payments and the item was a number plate

Assuming these were not personalised number plates with the name or initials of your business then the good news is that consumer law does apply.

However the bad news is that as these were personalised items you do not have an automatic right to cancel under the Consumer Rights Act 2015 as you would with most non-personalised items.

Did you tell the seller when you placed the order that you needed the items for a particular date (i.e. your birthday)? If you did and the order arrived after your birthday then you can insist on a refund.

the_lunatic_is_in_my_head

MobileSaver said:

reggie76 said:

There's no link between them both as the business account is for a limited company's healthcare payments and the item was a number plate

Assuming these were not personalised number plates with the name or initials of your business then the good news is that consumer law does apply.

However the bad news is that as these were personalised items you do not have an automatic right to cancel under the Consumer Rights Act 2015 as you would with most non-personalised items.

Did you tell the seller when you placed the order that you needed the items for a particular date (i.e. your birthday)? If you did and the order arrived after your birthday then you can insist on a refund.

From my understanding it would appear the consumer is required to advise the trader of their requirements before making the purchase and for the trader to agree, for the consumer to buy and then impose requirements without the traders agreement simply wouldn't be a feasible way to conduct a transaction. 

Unless the trader took more than 30 days to deliver or agreed beforehand to deliver by a certain date and then failed I don't think the OP has any recourse except may be under 4(b) depending upon the exact wording of the mentioned "promised delivery" within 7 days which may be a factor but I can't see a company would be foolish enough to offer a cast iron guarantee at any time let alone now as often an estimate is given. 

www.legislation.gov.uk/uksi/2013/3134/regulation/42/made

(3) Unless there is an agreed time or period, the contract is to be treated as including a term that the trader must deliver the goods—

(a)without undue delay, and

(b)in any event, not more than 30 days after the day on which the contract is entered into.

(4) In this regulation—

(a)an “agreed” time or period means a time or period agreed by the trader and the consumer for delivery of the goods, but

(b)if there is an obligation to deliver the goods at the time the contract is entered into, that time counts as the “agreed” time.

(5) Paragraphs (6) and (7) apply if the trader does not deliver the goods in accordance with paragraph (3) or at the agreed time or within the agreed period.

(6) If the circumstances are that—

(a)the trader has refused to deliver the goods,

(b)delivery of the goods at the agreed time or within the agreed period is essential taking into account all the relevant circumstances at the time the contract was entered into, or

(c)the consumer told the trader before the contract was entered into that delivery in accordance with paragraph (3), or at the agreed time or within the agreed period, was essential,

then the consumer may treat the contract as at an end.

(7) In any other circumstances, the consumer may specify a period that is appropriate in the circumstances and require the trader to deliver the goods before the end of that period.

(8) If the consumer specifies a period under paragraph (7) but the goods are not delivered within that period, then the consumer may treat the contract as at an end.

MobileSaver

the_lunatic_is_in_my_head said:

MobileSaver said:

Did you tell the seller when you placed the order that you needed the items for a particular date (i.e. your birthday)? If you did and the order arrived after your birthday then you can insist on a refund.

From my understanding it would appear the consumer is required to advise the trader of their requirements before making the purchase and for the trader to agree, for the consumer to buy and then impose requirements without the traders agreement simply wouldn't be a feasible way to conduct a transaction.

Agreed however in most cases telling the seller when you place your order is advising them before the contract is formed. The seller has the opportunity not to accept the order if they do not like the requirements imposed, subject to whatever their online terms and conditions are.

Obviously this discussion may be a moot point if the OP only advised the seller after placing the order.

reggie76

@MobileSaver The number plates had nothing to do with the business at all. They arrived today but I've noticed the front is tinted a bit grey which may not be completely road legal and I'm sure I could get pulled over and fined for if I used it. But it goes back to the same problem as even if I tell them this they still won't reply as they've done in the past. Yes I made it clear only one day after the purchase as this day fell in line with what they claimed was the maximum amount of time for their items to be delivered

reggie76

@the_lunatic_is_in_my_head I didn't impose any requirements as such. I simply emailed to ask whether it would arrive on time as per their website terms and if not, to cancel the order. It was a clear on the front of their website to deliver within 7 days and some have been waiting still up to 2 months to receive theirs.