Guidance on estimated delivery date

potentialhousebuyer

Could anyone offer me some guidance? 

Placed an order with Studio. Said on the item page that delivery would be within 3-7 days. 

Estimated delivery on the email confirmation is “by Tuesday the 10th of Sept 2024”. 

Order has not been processed or sent. 

Can I query they have failed to deliver even though the delivery date is an estimate? 

Thanks. 

DullGreyGuy

You can query whatever you like, not all companies have live stock status on their websites, particularly if they sell in store and online, and even if they attempt to mistakes can be made and something they thought they had in stock turns out they dont. 

cymruchris

You can ask for an update yes. Estimated is estimated though. It could be that it's dispatched today and arrives tomorrow - it could be it arrives on the 15th - it could be that it arrives on the 20th If you haven't paid for premium 'next-day delivery' or something similar, then it's just an estimate and nothing is guaranteed.

There is legislation that covers a period of 30 days from when the contract is formed - that if they haven't delivered by then you have the right to cancel. There are exceptions to this - such as when a company is producing a hand-made sofa that might be expected to take longer than 30 days, but in general someone sending out regular produce (such as a t-shirt or a mug) has that 30 day period - unless they have 'guaranteed' delivery within X days - and in this case they haven't.

the_lunatic_is_in_my_head

Hello OP

Studio say your contract is accepted upon dispatch so you can currently withdraw your offer (i.e cancel). 

If you want the goods rather than to cancel consumer rights only allow you to treat the contract at an end rather than to force supply so it's just a case of asking.  

cymruchris said:

There is legislation that covers a period of 30 days from when the contract is formed - that if they haven't delivered by then you have the right to cancel. There are exceptions to this - such as when a company is producing a hand-made sofa that might be expected to take longer than 30 days, but in general someone sending out regular produce (such as a t-shirt or a mug) has that 30 day period - unless they have 'guaranteed' delivery within X days - and in this case they haven't.

The 30 days is when no timeframe is provided.

If one is provided then the trader can be given anothre timeframe to deliver (that is reasonable given the circumstances) unless the consumer made the trader aware the time of delivery was essential. 

Should they miss the second deadline of delivery was essential as above then the contract may be treated at an end (i.e cancelled)  

cymruchris

the_lunatic_is_in_my_head said:

Hello OP

Studio say your contract is accepted upon dispatch so you can currently withdraw your offer (i.e cancel). 

If you want the goods rather than to cancel consumer rights only allow you to treat the contract at an end rather than to force supply so it's just a case of asking.  

cymruchris said:

There is legislation that covers a period of 30 days from when the contract is formed - that if they haven't delivered by then you have the right to cancel. There are exceptions to this - such as when a company is producing a hand-made sofa that might be expected to take longer than 30 days, but in general someone sending out regular produce (such as a t-shirt or a mug) has that 30 day period - unless they have 'guaranteed' delivery within X days - and in this case they haven't.

The 30 days is when no timeframe is provided.

If one is provided then the trader can be given anothre timeframe to deliver (that is reasonable given the circumstances) unless the consumer made the trader aware the time of delivery was essential. 

Should they miss the second deadline of delivery was essential as above then the contract may be treated at an end (i.e cancelled)  

Doesn't the legislation cover 'agreed timescale' though? As in:

- We offer next day delivery

- We offer 3 day delivery

- We will deliver by the Xth

All of which are definitive timescales.

Whereas in this case they've given an estimated delivery - which isn't an 'agreed timescale' - and so the 30 day rule would apply?

the_lunatic_is_in_my_head

Personally I think it should be taken an estimate is a timeframe (but could be wrong). 

As the regs include the requirement of being reasonable it doesn't allow a customer with an ETA of the 10th of Sept to demand delivery on the 11th and then treat at an end.

In OP's case, had a contract been formed, another 3-7 days would seem reasonable IMHO. 

I would say to give an estimate of 3-7 days but then turnaround and say it wasn't a timeframe so they can tie you to the contract for 30 days is leaning towards CPRs territory as the average person takes an estimate to be roughly correct with a bit of give either side rather than to mean we hope this but really it's 30 days (perhaps unless it very clearly stated such but the "wait 28 days for delivery" terms of the early online shopping world seem rare these days)  

potentialhousebuyer

Thanks for all of the replies, I very much appreciate that. 

I spoke on live chat to them. 

I got two responses off the same person, which does not help - 

1) the item was lost at the warehouse and it’s now out of stock and they can offer me a refund. 

2) the item is coming from a brand partner, I can either wait or request a refund. 

I opted for cancellation and refund. 

When I say refund, it’s just to my credit account with them, but they say they need to cancel with the brand partner first and then apply a refund to my account. 

I took screenshots of the conversation just in case. 

Slightly worried it will be sent in the meantime and have to go through a returns process as they are not the easiest to deal with going off past experiences of returns with them. 

Hopefully that has now resolved it. 

potentialhousebuyer

Sorry for the double post. 

Can anyone advise further? 

They have shipped the item which cost over £500 and it’s arriving through RM. 

I do not want it. 

Should I accept and then return according to their returns process?

How best do I cover myself to make sure it gets back to them safely? 

born_again

potentialhousebuyer said:

Sorry for the double post. 

Can anyone advise further? 

They have shipped the item which cost over £500 and it’s arriving through RM. 

I do not want it. 

Should I accept and then return according to their returns process?

How best do I cover myself to make sure it gets back to them safely? 

To cover yourself, then follow their returns process.

the_lunatic_is_in_my_head

Hello OP 

As you paid on credit I would raise an official complaint to say you were treated unfairly as you withdrew your offer and after doing so they shipped the order, they might offer some compensation.

Technically they should be refunding you within 14 days of your offer withdrawal and collecting the goods but returning via their process is probably easier.

That is unless these brand partners mean a contract is with the brand rather than Studio?

Edited to add, it appears it is, do they give you contact details for the brand?

potentialhousebuyer

I believe there is an address on the studio website under their returns section for this brand partner and it says returns should be sent to an address which I am kind of reluctant to do because I don’t just want to post something off randomly and also I’d have to cover the postage and ensure it had adequate insurance to the value of over £500 just in case. 

I have never had contact details for them in an email though. 

I went back on live chat and they apologised and I asked if they would organise a collection of the item when it arrived and they said to contact them again when it had arrived and they would. 

They also said the previous advisor advised me incorrectly. 

I have screenshots of all the conversations.