Refund of delivery fees of a scheduled shippment

rolko3333

Hi 

Two weeks before Christmas we were ordering three bookcases on an online shop in the UK. We were contacting the seller before completing the online purchase, because we wanted to make sure that the bookcases arrive before December 25. We told to the seller that the bookcases are decoration for a Christmas event, and it is essential for us that they arrive before December 25. The seller agreed by phone that it is enough time and the bookcases will be delivered before Christmas.

After the purchase we were in daily contact with the seller and the transport service, which was organized by the seller, to be sure that the bookcases arrive in time.

Nevertheless, they did not arrive in time, and we had to organize in the last minute a replacement for our Christmas event.

Four days later (December 28) the bookcases were announced to be delivered, so we refused the delivery because the bookcases were no longer required.

Now the bookcases are on the way back the seller. The seller confirmed us, that he will refund the bookcases but only 50 % of the total shipment costs (outward and return).

In total the bookcases cost about 3000 pounds. The outward and return shipment about 800 pounds each.   

From our point of view, we are not willing to pay the delivery fees at all, because we only ordered the bookcases because the seller confirmed us, that they will arrive before Christmas. There is no written guarantee but they confirmed us the delivery time by phone. Now they have told us that they were not aware, that the bookcases would have been needed only for the event, and it was not their faut the delivery arrived too late because of customs.

What do you think, who has the pay the delivery fees?

Thank you very much for your help. 

Wonka_2

Given your use of 'event' and the value behind them was this a B2B transaction rather than as a consumer ?

It will have an impact on the usefulness of the advice given

marcia_

 You say a uk online shop but then mention customs? Is the shop actually overseas? A .co.uk website doesn't make it uk based. 

Aylesbury_Duck

As per the advice above, the way forward will be different for a consumer transaction than it would be for a business purchase.  Which was it?

pinkshoes

rolko3333 said:

Hi 

Two weeks before Christmas we were ordering three bookcases on an online shop in the UK. We were contacting the seller before completing the online purchase, because we wanted to make sure that the bookcases arrive before December 25. We told to the seller that the bookcases are decoration for a Christmas event, and it is essential for us that they arrive before December 25. The seller agreed by phone that it is enough time and the bookcases will be delivered before Christmas.

After the purchase we were in daily contact with the seller and the transport service, which was organized by the seller, to be sure that the bookcases arrive in time.

Nevertheless, they did not arrive in time, and we had to organize in the last minute a replacement for our Christmas event.

Four days later (December 28) the bookcases were announced to be delivered, so we refused the delivery because the bookcases were no longer required.

Now the bookcases are on the way back the seller. The seller confirmed us, that he will refund the bookcases but only 50 % of the total shipment costs (outward and return).

In total the bookcases cost about 3000 pounds. The outward and return shipment about 800 pounds each.   

From our point of view, we are not willing to pay the delivery fees at all, because we only ordered the bookcases because the seller confirmed us, that they will arrive before Christmas. There is no written guarantee but they confirmed us the delivery time by phone. Now they have told us that they were not aware, that the bookcases would have been needed only for the event, and it was not their faut the delivery arrived too late because of customs.

What do you think, who has the pay the delivery fees?

Thank you very much for your help. 

This sounds very much like a business event and therefore not a consumer rights question rather than a business rights questions.

B2B contracts will depend on what was agreed between you and the vendor. 

They agreed that they would arrive by Christmas, but what was agreed would happen if they did not arrive by Christmas?


£800 for delivery?!?!?!?! Is this perhaps not a UK company if delivery was that much? And it is not a UK company, then UK consumer/business rights don't come into it at all.

rolko3333

Thank you very much for reaching out.

Yes it was ideed a business transaction. But we purchased the bookcases on a uk webshop. The express shippment was for Switzerland. There was no contract, where was written, who has to pay which costs in case of a late delivery, because we never assumed that it can be too late, because there was an oral agreement, that it will be delivered before Christmas. 

And yes, the shipping cost are were very expensive. This is the reason we are arguing with the company because in the end all the money was for nothing. 

Looking forward for your comments and answers. Thank you very much.

born_again

You make no mention of just when they were ordered. 

Aylesbury_Duck

rolko3333 said:

Thank you very much for reaching out.

Yes it was ideed a business transaction. But we purchased the bookcases on a uk webshop. The express shippment was for Switzerland. There was no contract, where was written, who has to pay which costs in case of a late delivery, because we never assumed that it can be too late, because there was an oral agreement, that it will be delivered before Christmas. 

And yes, the shipping cost are were very expensive. This is the reason we are arguing with the company because in the end all the money was for nothing. 

Looking forward for your comments and answers. Thank you very much.

As it's a business transaction, you can't use consumer law to help you.  As a business the expectation is that you're able to look after yourself when it comes to supplier transactions and contracts, whereas consumers have some protection.

A written contract isn't a requirement of a contract.  You have a contract with them because you agreed to pay for something they agreed to supply.  All you can do is to continue to negotiate with the company and if you don't get anywhere, consult some legal advice to see if it's something you can viably pursue.

rolko3333

The bookcases were ordered December 12 for December 24.

rolko3333

marcia_ said:

 You say a uk online shop but then mention customs? Is the shop actually overseas? A .co.uk website doesn't make it uk based. 

It is uk based

sheramber

A UK website does not mean it is a UK company. the Terms and Conditions will say which country 's laws  the sales are made under.

The retailer would have no knowledge of customs delays which is probably what held up the delivery.

You may receive a bill for customs duty in due course it it was sent from Switzerland.