Goods not delivered

I would like to know if the "Terms and Conditions" on a company's online sales site can override the Consumers Rights Act 2015.
I bought a shower door from VictoriaPlum.com in October, with delivery arranged for Oct 27th between 07:00 and 20:00. It did not arrive and I wrote a week later on 3/12 to ask where it was and when it would be delivered. No reply.
When I called today (actually a chat online only - no phone number available), VictoriaPlum say they will not refund or replace the order because it was over 72 hours after delivery should have taken place. They refused to confirm that there was no record of delivery from the courier.
They have shown me the clause on their T&C that says refunds or replacements must be sought within 72 hours, but this seems to me to be outside the Consumer Rights Act, which surely must override their own Tand C?
Can anyone confirm if this is so or if they have had similar issues? 

Comments

  • ArbitraryRandom
    ArbitraryRandom Posts: 2,322
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    edited 15 November 2023 at 2:27PM
    No, they can't - and if a business’s terms and conditions attempt to limit the consumer’s rights then those provisions are effectively void. Different term but same issue:


    https://www.anglesey.gov.wales/en/residents/consumer-advice/problems-with-goods/314036#

    I'm assuming that second date is a typo and you meant November, not December (that it's not been a full year!).

    May I ask how you paid?

    You might like to review: 
    https://www.citizensadvice.org.uk/consumer/somethings-gone-wrong-with-a-purchase/if-something-you-ordered-hasnt-been-delivered/
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  • Okell
    Okell Posts: 568
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    edited 15 November 2023 at 2:43PM
    No - their T&Cs cannot override your consumer rights - if you are a consumer.

    See s31 here:  Consumer Rights Act 2015 (legislation.gov.uk).  Their "72 hours" clause won't work against a consumer purchase.

    Is there any possibility they might think you are not a consumer?

    What remedy do you want and what are they saying?  Your post isn't very clear.

    eg  Do you want a refund or do you simply want the door replaced delivered? [Edited]

          Why won't they refund you or re-deliver?  Or are they saying delivery has been delayed and is yet to happen?

    As this is an online purchase you will have additional rights to cancel the contract.  But it would help to have answers to the above and a little more detail


  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 7,263
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    edited 15 November 2023 at 2:31PM
    Regarding non-delivery it's covered by Delivery of Goods

    https://www.legislation.gov.uk/ukpga/2015/15/section/28

    Basically if delivery at the agreed time doesn't occur you can give another timeframe that is reasonable and if they also fail to meet that you can treat the contract at an end and a full refund is due. 

    Their terms actually meet the legal requirements:

    https://victoriaplum.com/pages/terms-and-conditions#delivery

    If we miss the delivery date for any goods, then you may cancel your order straight away if any of the following apply:

    (a) we have refused to deliver the goods

    (b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances)

    (c) you told us before we accepted your order that delivery within the delivery deadline was essential

    If you don't wish to cancel your order straight away or don't have the right to do so, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we don't meet the new deadline.

    I would contact them again and point them towards their own terms (hopefully the person you was speaking to simply doesn't know what they are doing) but if they still refuse to resolve have a chat with your bank about a chargeback for non-receipt. I believe you need to allow 15 days after the agreed delivery date before the bank will entertain the chargeback (that timeframe might vary depending upon Visa or Mastercard)

  • born_again
    born_again Posts: 13,493
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    Laika_22 said:
    I would like to know if the "Terms and Conditions" on a company's online sales site can override the Consumers Rights Act 2015.
    I bought a shower door from VictoriaPlum.com in October, with delivery arranged for Oct 27th between 07:00 and 20:00. It did not arrive and I wrote a week later on 3/12 to ask where it was and when it would be delivered. No reply.
    When I called today (actually a chat online only - no phone number available), VictoriaPlum say they will not refund or replace the order because it was over 72 hours after delivery should have taken place. They refused to confirm that there was no record of delivery from the courier.
    They have shown me the clause on their T&C that says refunds or replacements must be sought within 72 hours, but this seems to me to be outside the Consumer Rights Act, which surely must override their own Tand C?
    Can anyone confirm if this is so or if they have had similar issues? 
    Contact bank for a non receipt chargeback. If you paid via debit or credit card.

    Their T/C make no difference to a chargeback, only proof of delivery will.
    Life in the slow lane
  • Wow, thanks ArbitraryRandom, Bornagain, The lunatic is in my head and Okell, you have given fantastic information and it is all very very helpful. I feel empowered to fight for a refund now and can quote from the Consumer Rights Act. I am a consumer and paid with a bank Visa Debit card (will use CC next time). They have basically refused to either refund or deliver, since I did not send the first email querying what had happened until the week after delivery was due.
    I feel sure that I will get my door or a refund. Thanks!
  • born_again
    born_again Posts: 13,493
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    Laika_22 said:
    Wow, thanks ArbitraryRandom, Bornagain, The lunatic is in my head and Okell, you have given fantastic information and it is all very very helpful. I feel empowered to fight for a refund now and can quote from the Consumer Rights Act. I am a consumer and paid with a bank Visa Debit card (will use CC next time). They have basically refused to either refund or deliver, since I did not send the first email querying what had happened until the week after delivery was due.
    I feel sure that I will get my door or a refund. Thanks!
    Stop fighting with co, go to your bank for a chargeback. Far easier & less stressful 👍
    Life in the slow lane
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