Charged for free delivery

MyloMaLak

Hi,

I bought a litter tray online, at the time I did not realise that the delivery company the seller used wouldn't deliver on the weekend, and only delivered to my address Monday - Friday between 12pm and 2pm when I'm always at work.

So I cancelled the order and was told that I would get the full price of the products I ordered refunded, but that they are entitled to keep the price I paid for delivery. It also clearly states all of this in their terms and conditions. However the delivery was free, so by deducting the price of their standard delivery I am not getting the full price of the products I ordered which goes against their own terms and conditions.

Are they allowed to do this? I have included a screenshot of the terms and conditions and highlighted the parts I'm referring to.

Thanks.

the_lunatic_is_in_my_head

www.legislation.gov.uk/uksi/2013/3134/regulation/34/made

(2) The trader must reimburse any payment for delivery received from the consumer, unless the consumer expressly chose a kind of delivery costing more than the least expensive common and generally acceptable kind of delivery offered by the trader.

From what you've said you should get a full refund (as the UK site states terms are governed by English Law).  

mattyprice4004

Had they already sent the item? If so, it seems rather hard-nosed to make them pay the costs they'll already have paid the courier - they don't get the service for free. 
Regardless of T&Cs, I don't think its fair that the business is out of pocket because you didn't check the delivery terms and expect an unusual service without checking first (most couriers are Monday to Friday unless you pay for an upgraded service)

the_lunatic_is_in_my_head

mattyprice4004 said:

Had they already sent the item? If so, it seems rather hard-nosed to make them pay the costs they'll already have paid the courier - they don't get the service for free. 
Regardless of T&Cs, I don't think its fair that the business is out of pocket because you didn't check the delivery terms and expect an unusual service without checking first (most couriers are Monday to Friday unless you pay for an upgraded service)

You're on the wrong board  

The retailer could pay rent, rates and the other 500 overheads to run a B&M store and thus not have to abide by the rules governing off premises contracts. 

Manxman_in_exile

Those T&Cs don't say what the OP (and the retailer?) thinks they say, do they?

The OP (and the retailer?) appears to be saying that if the OP cancels the order (which is what the OP has done) then the retailer can keep the delivery costs.  But that's not what it says.  It says they'll only keep the delivery costs if the goods have been dispatched, and if delivery has failed, and if the goods have been returned to the retailer.

The OP doesn't tell us that they cancelled after the goods were actually dispatched, only that they cancelled the order...  (Of course, this could be another example of a thread where the OP omits to explain one of the most crucial and relevant aspects of the problem).

I'm not commenting on whether my interpretation actually complies with the law or not.

the_lunatic_is_in_my_head

Manxman_in_exile said:

Those T&Cs don't say what the OP (and the retailer?) thinks they say, do they?

The OP (and the retailer?) appears to be saying that if the OP cancels the order (which is what the OP has done) then the retailer can keep the delivery costs.  But that's not what it says.  It says they'll only keep the delivery costs if the goods have been dispatched, and if delivery has failed, and if the goods have been returned to the retailer.

The OP doesn't tell us that they cancelled after the goods were actually dispatched, only that they cancelled the order...  (Of course, this could be another example of a thread where the OP omits to explain one of the most crucial and relevant aspects of the problem).

I'm not commenting on whether my interpretation actually complies with the law or not.

I don't believe they can do that either way, unless otherwise agreed the retailer is obligated to deliver the goods within the agreed time or 30 days and should they fail to do so the consumer may treat the contract at an end and the trader is obligated to return all payments made. 

Manxman_in_exile

the_lunatic_is_in_my_head said:

Manxman_in_exile said:

Those T&Cs don't say what the OP (and the retailer?) thinks they say, do they?

The OP (and the retailer?) appears to be saying that if the OP cancels the order (which is what the OP has done) then the retailer can keep the delivery costs.  But that's not what it says.  It says they'll only keep the delivery costs if the goods have been dispatched, and if delivery has failed, and if the goods have been returned to the retailer.

The OP doesn't tell us that they cancelled after the goods were actually dispatched, only that they cancelled the order...  (Of course, this could be another example of a thread where the OP omits to explain one of the most crucial and relevant aspects of the problem).

I'm not commenting on whether my interpretation actually complies with the law or not.

I don't believe they can do that either way, unless otherwise agreed the retailer is obligated to deliver the goods within the agreed time or 30 days and should they fail to do so the consumer may treat the contract at an end and the trader is obligated to return all payments made. 

I don't think they can do it either.

I'm just pointing out that what the OP has quoted from the actual T&Cs isn't relevant to what the OP "appears" to be saying - ie that the the OP simply cancelled the order with no mention whether delivery had been attempted and failed.

(I suppose I'm indirectly moaning about those threads where it gradually becomes unclear whether the OP has actually explained everything or has missed relevant bits out - or included bits that aren't relevant).

Ditzy_Mitzy

Prima facie this appears to be an open and shut case in favour of the OP.  If the goods genuinely haven't been despatched, there are surely no courier costs to pay.
Having said that, the terms and conditions are extremely bizarre.  Reading them suggests that the company can attempt delivery at a time of their choosing, as long as it's between 12 and 2 pm on a weekday, and, should the door not be answered, return the goods to the depot, cancel the order and charge the customer for the privilege of not receiving anything.  That sounds like an unfair and possibly unenforceable contract term to me.