Failed delivery template didn't work

Hello, 

I am looking for some advice please. I ordered two items from a company online, and I was told a delivery date for these two items, however only one arrived and it was missing pieces.

After two months in total there were 4 failed deliveries of the missing parts and missing item. In total there were 6 delivery dates given, but only two were met. I was at the time working self employed as a contractor on £200 a day, and I was forced to keep cancelling my work and rearranging. I even called the company on the day of the deliveries to check that they were definitely coming and was assured that they were (lies).

I have been in contact with the company and wrote the letter as per the template on this website, and they are saying that they are not responsible for this. Before I file for a small claim court I just want to make sure I am correct here? 6 days off totalled £1200 loss of income, but I am only submitting for the 4 failed days.

The email from them states:
"We also acknowledge that you chose not to exercise your right to reject your order at any stage. Furthermore, our terms and conditions, agreed upon at the time of purchase, specify that "Kybotech will not be held responsible for loss of earnings due to failed or delayed delivery," and it is clarified that someone need not be present at home to accept delivery.".

However on the terms and conditions it also states:
"If you miss the delivery of your order, you may incur a re-delivery charge as we have met our original delivery obligation with our first attempted delivery."

I was also told that the items needed signing for over the telephone and was never told that I could simply leave a note on the door to leave a £1500 order on the front door step.  I also felt inclined to wait for the delivery to ensure all parts were received correctly this time...


Thank you for any advice/ guidance. 

Comments

  • GabbaGabbaHey
    GabbaGabbaHey Posts: 1,070
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    Forumite
    If their Ts&Cs (which you presumably accepted when you placed the order) explicitly exclude loss of earnings for failed/delayed delivery, why do you think that your case would succeed at Small Claims Court?
    Philip
  • If their Ts&Cs (which you presumably accepted when you placed the order) explicitly exclude loss of earnings for failed/delayed delivery, why do you think that your case would succeed at Small Claims Court?
    Because their T&Cs are very confusing, at one point it says you don't have to be there and another point says that if you miss the delivery you may be charged. 
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