Made to Measure curtain and refused refund / compensation for late delivery

born_again

Who is the retailer?
When did they say it was dispatched? 
As once in courier/RM. It is out of their hands. 

You say 3 days late inc sunday. So are you counting Saturday as well? As many couriers do not deliver on a weekend.

DeathByFluffy

Have someone in the UK forward it over to you - no TVA / VAT to pay then if they declare the goods as for personal use or enter a low value on the Customs documentation. 

They don't deliver overseas, so they're not going to cover the costs of the goods going abroad. 

the_lunatic_is_in_my_head

This is covered under Delivery of Goods:

https://www.legislation.gov.uk/ukpga/2015/15/contents

(b)delivery of the goods at the agreed time or within the agreed period is essential taking into account all the relevant circumstances at the time the contract was entered into, or

(c)the consumer told the trader before the contract was entered into that delivery in accordance with subsection (3), or at the agreed time or within the agreed period, was essential,

then the consumer may treat the contract as at an end.

Otherwise, they get a second chance at a timeframe that is appropriate and after that you may treat the contract a an end if they also fail the second time.

(7)In any other circumstances, the consumer may specify a period that is appropriate in the circumstances and require the trader to deliver the goods before the end of that period.

(8)If the consumer specifies a period under subsection (7) but the goods are not delivered within that period, then the consumer may treat the contract as at an end.

BertieBoyBonz82

estbanker; yes that's exactly the extract I was looking at. And I was looking to clarify whether they could exempt themselves from their obligation to delivery by a specified date - specified by them by using the bespoke goods exclusion


powerful_Rogue: its Dunelm. I have screenshots of each of the notifications I received that say "your items will be delivered by 4th October"

Ergates

As per the_lunatic_is_in_my_head's comment above:   When you ordered the items, did you specifically tell the retailer that delivery by the 4th of October was essential ?

BertieBoyBonz82

Ergates: As per the_lunatic_is_in_my_head's comment above:   When you ordered the items, did you specifically tell the retailer that delivery by the 4th of October was essential ?

No I rather naively assumed I would be able to rely on the retailers own assertion of when the goods would be delivered.

TELLIT01

Unless the OP stated in the order that delivery by a certain date was critical, I don't think they will get anywhere.  The supplier would be in the hands of the courier company so it's highly unlikely that they would guarantee delivery by a set date.

Any arrangements made by the OP for collection and final delivery by a 3rd party are of no interest to the supplier.

saajan_12

The stuff about overseas shipping and VAT is incidental, the point is really whether they breached the contract by sending it later. If yes, then reasonably forseeable losses the OP incurred could be claimable. 

IMO it is forseeable that dates matter here, for example as installers may be scheduled for the arrival of the materials. Was there any discussion around the onward shipping or installation? 

eskbanker

BertieBoyBonz82 said:

eskbanker: sorry , I omitted to answer this question, no I am not looking to cancel the contract at all. All I actually want is to have my curtain, as ordrered, without having to pay an additional £150 courrier/customs costs due to the late delivery. Even if they just agreen to refund the VAT (TVA) element of the purchase so that I don't have to pay it twice I will be satisfied as that is what makes up the bulk of the cost of transporting it to France.  

BertieBoyBonz82 said:

estbanker; yes that's exactly the extract I was looking at. And I was looking to clarify whether they could exempt themselves from their obligation to delivery by a specified date - specified by them by using the bespoke goods exclusion

I'm confused - my understanding is that the 'bespoke goods exclusion' applies specifically to the cancellation regulations, i.e. it's only relevant if you're trying to cancel the contract.

I'm not aware of any impact of bespoke goods on delivery provisions within CRA (but happy to be corrected) - what is your understanding of how it comes into play if you're not looking to cancel?

BertieBoyBonz82

Eskbanker: I'm confused - my understanding is that the 'bespoke goods exclusion' applies specifically to the cancellation regulations, i.e. it's only relevant if you're trying to cancel the contract.

I'm not aware of any impact of bespoke goods on delivery provisions within CRA (but happy to be corrected) - what is your understanding of how it comes into play if you're not looking to cancel?

Me: Thank you, Estbanker I think you have just clarified the main area of my confusion. Because I was taking guidance from the MSE page "if your delivery is late...or compensation" section and this was part of the CCR legislation I couldn't see anything to the contrary so I thought the bespoke goods exclusion applied to the late delivery provisions as well as those for cancellation of the contract. If they don't then all (hah!)  I need to do is look at the late delivery specifics. Are you able to clarify: with regards delivery dates, is the customer able to rely on what the retailer says will be the case or is there some get out for the retailer to be able to disregard its own assertations? It would be useful if you were able to point out to me where I can look for reference also, please.