ParcelMonkey.co.uk advertised service guarantees vs. T&C fine print

peter_333

Last week I booked a courier service through ParcelMonkey.co.uk.  The service I selected was Parcelforce Express 24, but rather than next day delivery (Friday) the parcel wasn't delivered till after the weekend.

Parcelforce guarantee next day delivery when using this service, and ParcelMonkey.co.uk advertise in multiple places on their website that using this service, "Your item WILL be delivered next working day" (emphasis mine).  On one page of their website they advertise a range of their next day services (including this one) with the line, "GUARANTEED next day delivery services" (again, emphasis mine).

Parcelforce's guarantee comes with a 50% refund if the package is delayed, and they have acknowledged on the phone to me that the delay experienced would warrant a compensation claim.  However as ParcelMonkey are ultimately the customer of the courier in this circumstance I am unable to trigger the claim myself, and ParcelMonkey are refusing the possibility of providing this compensation as their terms and conditions state, "Compliance with the estimated time of collection or delivery is not guaranteed and the company shall not be liable for late deliveries".

If a company's website seems to advertise a service guarantee, but the fine print at checkout attempts to negate this, is there any legislation or consumer case law that I can point to?  Short of telling them, "This is false advertising!" what can I point to?

It's a small claim, in the scheme of things, but they've really got my back up on this one. 

custardy

It doesnt matter what PF offer. You chose not to book direct so you are held to the service you bought.
The reason resellers exist is removing responsibility from the couriers and getting better prices.

visidigi

peter_333 said:

Last week I booked a courier service through ParcelMonkey.co.uk.  The service I selected was Parcelforce Express 24, but rather than next day delivery (Friday) the parcel wasn't delivered till after the weekend.

Parcelforce guarantee next day delivery when using this service, and ParcelMonkey.co.uk advertise in multiple places on their website that using this service, "Your item WILL be delivered next working day" (emphasis mine).  On one page of their website they advertise a range of their next day services (including this one) with the line, "GUARANTEED next day delivery services" (again, emphasis mine).

Parcelforce's guarantee comes with a 50% refund if the package is delayed, and they have acknowledged on the phone to me that the delay experienced would warrant a compensation claim.  However as ParcelMonkey are ultimately the customer of the courier in this circumstance I am unable to trigger the claim myself, and ParcelMonkey are refusing the possibility of providing this compensation as their terms and conditions state, "Compliance with the estimated time of collection or delivery is not guaranteed and the company shall not be liable for late deliveries".

If a company's website seems to advertise a service guarantee, but the fine print at checkout attempts to negate this, is there any legislation or consumer case law that I can point to?  Short of telling them, "This is false advertising!" what can I point to?

It's a small claim, in the scheme of things, but they've really got my back up on this one. 

You cannot have your cake and eat it. You have bought the service at a discounted price but in your head you have the expectation that you get the full parcelforce service.

You don't. You bought (and paid) a parcelmonkey service. Realistically any conversation you have with parcelforce about the package is completely irrelevant.

The reason these middlemen web sites are successful is because they take the burden of the risk, while the carrier offers discounted rates because its an A to B transportation with limited risk to them.

peter_333

Yes, I understand why these resellers exist.  As you say, I am "held to the service [I] bought".  And what I'm saying is that I have not been provided the service as advertised.

My question was, if the reseller advertises "next day delivery" and uses terms such as "your package WILL be delivered next day" and "Guaranteed next day delivery services", can they reasonably add a clause in their Terms & Conditions that negates that advertising?

Is it fair, reasonable or legal to use fine print to directly contradict the advertising for the service?

I guess my reference to the discussion with PF and their 50% refund guarantee was largely to illustrate that they certainly believe the service received was not up to scratch.

born_again

Is there any cut off time for ordering next day delivery?

peter_333

born_again said:

Is there any cut off time for ordering next day delivery?

I used a Drop Off service (dropped the parcel at my local Post Office on the high street).  ParcelMonkey state in the service description that "Your item will be delivered the next working day following drop off" but make no other mention that I can find of a cut-off time.

I dropped it off at 10:40 am (and have a receipt to show this), which feels more than early enough to not be an issue.

peter_333

visidigi said:

You cannot have your cake and eat it.

I'm not sure that's fair.  I don't feel like I'm trying to "have my cake and eat it too".  I booked a service through a reseller which had a specific branding ("Parcelforce") and product name ("Express 24"). If I paid for a next day delivery, should I not be upset that I didn't receive it, no matter where I purchased it from?

If I bought a 1st class train ticket from Trainline, but got assigned a seat in Standard, would it be reasonable for Trainline to point to a T&C saying, "We do not guarantee, nor will we be held liable for, seat assignments that do not match the class of travel you selected"?

the_lunatic_is_in_my_head

To be fair to the OP for PF24, as OP states, ParcelMonkey say:

Your item will be delivered the next working day following drop off.

Where as for PF24 Parcel2Go say something a bit more realistic:

your parcel is expected to be delivered within 1-2 working days. Collection of the parcel from the Post Office usually occurs within 1 working day, however this is not guaranteed. Easy!
This is not a guaranteed service.

And this ParcelMonkey pages says

https://www.parcelmonkey.co.uk/delivery-services/next-day-delivery

Guaranteed next day delivery services at a great price!

No delivery service is guaranteed to actually happen 100% because that's impossible, a guarantee should offer something when the service fails to meet whatever is guaranteed, typically some kind of refund. 

OP I don't think you have a claim but could complain to the ASA that their advertising is misleading. 

peter_333

the_lunatic_is_in_my_head said:

a guarantee should offer something when the service fails to meet whatever is guaranteed, typically some kind of refund.

I ran into trouble along these lines with Avis a few years ago.  Landed at Heathrow after 28 hours of flying to pick up a fun little sports car booked with their "Guaranteed Make & Model" service.  They'd run out of that make and model.  When I asked them what the guarantee provides, they said "We can give you a refund, but you'll be stranded at Heathrow with no car" and proceeded to offer me a people carrier instead (it's apparently all they had).

Quickly learned that advertised guarantees aren't worth much if they don't state how they'll sort things out when they can't deliver on the promise. I guess I've fallen into the trap again this time.

custardy

peter_333 said:

visidigi said:

You cannot have your cake and eat it.

I'm not sure that's fair.  I don't feel like I'm trying to "have my cake and eat it too".  I booked a service through a reseller which had a specific branding ("Parcelforce") and product name ("Express 24"). If I paid for a next day delivery, should I not be upset that I didn't receive it, no matter where I purchased it from?

If I bought a 1st class train ticket from Trainline, but got assigned a seat in Standard, would it be reasonable for Trainline to point to a T&C saying, "We do not guarantee, nor will we be held liable for, seat assignments that do not match the class of travel you selected"?

You mentioned a 50% refund from PF.
Whether you booked direct or not. The package would have suffered the same delay (for whatever reason)
No large carrier offers 100% delivery. you know this  (like the rest of us)and as such chose to buy on price

visidigi

peter_333 said:

visidigi said:

You cannot have your cake and eat it.

I'm not sure that's fair.  I don't feel like I'm trying to "have my cake and eat it too".  I booked a service through a reseller which had a specific branding ("Parcelforce") and product name ("Express 24"). If I paid for a next day delivery, should I not be upset that I didn't receive it, no matter where I purchased it from?

If I bought a 1st class train ticket from Trainline, but got assigned a seat in Standard, would it be reasonable for Trainline to point to a T&C saying, "We do not guarantee, nor will we be held liable for, seat assignments that do not match the class of travel you selected"?

It was in reference to you trying to invoke the 50% of claim with parcel monkey (you state they declined).

To be clear - I am not saying you don't have a claim here but I am saying you do not have a claim for the PF features of service when buying from a third party.

PF have said they failed, but you are bound by what terms PM have. PM make it very clear you are not to approach the courier directly (which you did) and that they are to support all customer queries.

They do have exclusions for some postal codes, but indeed you should have got next day delivery if it was an accepted home pickup (and a consumer booking, not a business one).