Costco/forest garden - cabin order cancelled after failed delivery

happypie

I ordered a installed log cabin from Costco, to be delivered by forest garden.
I live on a busy road with no drive way and narrow access to the back of garden (about 1 m wide)
Initially it was agreed that forest garden would deliver on pavement and their installer (separate company) will come and move cabin inside and install.

However after looking at video of access to my garden, which I provided to them, installer denied to bring cabin inside.

Anyway forest garden said that they can't bring cabin inside so you have to arrange that.
I agreed as had no choice. It was agreed that they would deliver on pavement and I will get my guys after that to move.

Now on delivery day, they said they can't deliver on pavement unless I have team ready to move cabin.
I said I was not informed of that and I will get guys tomorrow to move but they said no they can't do that and took back cabin and marked as failed delivery.

And now they have cancelled the order.

I spent so much money already to prepare concrete base and time to coordinate all that and now I don't have cabin.

Do I have any claim against costco or forest garden?
I feel like I had contract with them when I placed order and now they aren't fullfilling their part...

Pls suggest.

molerat

They will not just dump on the public highway / footpath as that could leave them open to prosecution or a claim.  You should have had a team there to take it straight on to your property if it could not be offloaded directly onto it.

happypie

molerat said:

They will not just dump on the public highway / footpath as that could leave them open to prosecution or a claim.  You should have had a team there to take it straight on to your property if it could not be offloaded directly onto it.

Ok, but they didn't say so in my numerous planning calls.
If that was the case they should have mentioned that you should have guys available right there to move.

BTW I have taken many deliveries on pavement and then builders moved these inside after deliveries guys are long gone.

m-holland

happypie said:

Ok, but they didn't say so in my numerous planning calls.

If that was the case they should have mentioned that you should have guys available right there to move.

BTW I have taken many deliveries on pavement and then builders moved these inside after deliveries guys are long gone.

Its common sense that you shouldnt block a public pavement, they shouldnt need to tell you.

What other people may have done is irrelevant

Aylesbury_Duck

No, you don't have a claim against either party.  I'm afraid this was your failure to provide a secure means of accepting and storing the cabin.  You shouldn't expect a retailer to just dump a large building kit on the pavement and drive off, and I'm actually pleased they didn't.

Your preparation doesn't need to go to waste.  Just re-order from Costco or somewhere else, but this time have your fitters/friends/team/whoever there at the time to immediately take it to the garden.

happypie

Aylesbury_Duck said:

No, you don't have a claim against either party.  I'm afraid this was your failure to provide a secure means of accepting and storing the cabin.  You shouldn't expect a retailer to just dump a large building kit on the pavement and drive off, and I'm actually pleased they didn't.

Your preparation doesn't need to go to waste.  Just re-order from Costco or somewhere else, but this time have your fitters/friends/team/whoever there at the time to immediately take it to the garden.

They wouldn't deliver even on re-order as they cancelled this one mentioning reason that its unsafe to deliver at my address.

My preparation was done for this sole reason, I removed existing shed, put concrete base for this only.

My point is that they saw the video of my pavement and access, and agreed delivery plan with me which is dropping on pavement and I was to arrange to bring it inside.
Now either they should have said clearly that I will need guys available immediately. Or they should attempt another delivery and I make sure guys are there.
Cancelling order seems unfair.

Alderbank

Cancelling order seems unfair.

Cancelling the order - so you pay nothing and they deliver nothing - is actually quite a good result for you.
They could have tried to charge you for an aborted delivery

ETA: it is the best result you could expect under the Consumer Rights Act 2015

happypie

Alderbank said:

Cancelling order seems unfair.

Cancelling the order - so you pay nothing and they deliver nothing - is actually quite a good result for you.
They could have tried to charge you for an aborted delivery

No its not good result for me.
I paid for cabin and expect a cabin.

And what about other costs I have spent for them to install cabin, which now they don't want to deliver.

Alderbank

Cancelling means both parties are back in the position they were in before the contract. So anything you have paid must be refunded.
Did you make those other costs you have spent part of the contract, eg 'if Costco cancel the contract they agree to pay me £1000 for costs I have spent?' If not they are irrelevant.

You and Costco are not that far apart. You want to buy that cabin and they do want to sell it. Build bridges - ask them to re-deliver and promise that next time you will have enough manpower ready to move the cabin off the highway to your prepared site.

Diamandis

You can't expect to use a public pavement as storage space. What do you do if a wheelchair user is trying to get past?

photome

Can you use the refund to buy from elsewhere