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

Ergates

BertieBoyBonz82 said:

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.

OK, but whilst obviously frustrating, I hope you can see that in the vast majority of cases, a delivery date for curtains would not be a *critical* factor.  "My curtains arrived 3 days later than originally planned" isn't generally a disaster.  It would therefore be a reasonable assumption for the business to make that unless otherwise specified this would be the case with your order.

More importantly, the regulations specify:

(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,

Given you didn't tell them this, and given they delivered within 3 days of the agreed time - which would seem to be "appropriate in the circumstances", then unfortunately I don't believe you have much recourse here.

BertieBoyBonz82 said:

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.

They cannot "disregard" their own assertions, but as above - unless told time was critical, then missing a delivery time by a small amount would not be sufficient grounds to consider a contract cancelled.

The one other thing to mention is around the "type" of delivery you paid for.  i.e. If you paid extra for express delivery, and this wasn't met, then you could be eligible for a refund of the difference between express delivery and standard delivery.

eskbanker

BertieBoyBonz82 said:

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.

I'm assuming you're referring to this page:

https://www.moneysavingexpert.com/reclaim/delivery-rights/

I hadn't actually read that before, but it does offer guidance on how to claim for costs incurred by virtue of a late delivery.  However, it does highlight that this is more straightforward if the contract includes 'time is of the essence' and that there's little direct legal or regulatory support for claiming (other than the right to cancel), so much seems to come down to negotiation, unless anyone else is aware of anything you can actually rely on?

cmthephoenix

How much did the curtains cost you originally? Is £150 a significant proportion of that?
As others have said if you haven't specified time is of the essence originally then 3 days later than specified for curtains would not normally be counted as significant. Most people understand from experience that deliveries get delayed.
My experience of dunelm is that they have always provided tracking links. Did you get one? Was it dispatched on time but delivered late?

swingaloo

Did you pay for standard delivery or Express delivery?

Alderbank

swingaloo said:

Did you pay for standard delivery or Express delivery?

Dunelm don't offer express delivery for (what they consider to be) made to measure blinds.

It's standard delivery only, included free (for items over £60). Their T&Cs only refer to estimated delivery times.

https://www.dunelm.com/info/help/delivery

swingaloo

Alderbank said:

swingaloo said:

Did you pay for standard delivery or Express delivery?

Dunelm don't offer express delivery for (what they consider to be) made to measure blinds.

It's standard delivery only, included free (for items over £60). Their T&Cs only refer to estimated delivery times.

https://www.dunelm.com/info/help/delivery

That's why I was asking if the OP had paid for express as standard is only an estimated date.

The Op ordered a curtain, not a blind so could have paid for either type of delivery.

BertieBoyBonz82

cmthephoenix: they did provide a tracking link as did DHL. Dunelm were showing dispatch on the 3rd but DHL were saying they received it on the 6th at which time Dunelm were still saying delivery would be on the 4th. The £150 would be another 30% on top of the original price so not an insignificant increase in cost.

By all accounts it looks as if I am just going to draw a line under this unfortunate incident and hope that I may get the curtain next year sometime. 

Thank you everyone for your input.

cmthephoenix

cmthephoenix: they did provide a tracking link as did DHL. Dunelm were showing dispatch on the 3rd but DHL were saying they received it on the 6th at which time Dunelm were still saying delivery would be on the 4th. The £150 would be another 30% on top of the original price so not an insignificant increase in cost.

So when you say the £150 is to account for the VAT the courier would charge to import into France, you would have had to pay that anyway since £450 is above the 300 Euro personal allowance for goods for whoever was due to bring the curtains into France by land?

swingaloo

Did you pay for Express Delivery? If not the delivery date was only ever an estimate.

Grumpy_chap

I am not wholly sure how the OP would benefit by cancelling the order.

The OP who lives in France chose these curtains, presumably based upon liking the style / pattern / fabric, price and quality.  Cost £450.
The curtains were expected by 4th October (Saturday) but were actually delivered 3 days late (including the Sunday), so that would be Tuesday 7th.
This meant that the OP's husband could not take the curtains to France when he travelled because he had already left before the curtains arrived.
The OP is now considering a courier at £150.

Presumably, the OP still needs curtains and still likes the original selection of curtain.
If the OP cancels, they will need to start again.
The OP will always look at the different curtains and forever be reminded that they were not really the curtains the OP wanted.  (I assume the selection of curtains was rather specific otherwise the OP could have just purchased locally in France.)
I can't see that Dunelm are liable for the late delivery (not a time is of the essence order) or the onward courier costs.  The OP can, however, cancel and return the order under CCR for any reason or none.

Has the OP considered they may incur a duty charge on importing the curtains to EU?

Rather than the courier, has the OP considered alternative ways of now getting the curtains to France?
A round trip budget air fare, or train or ferry could be much cheaper.
Just looking on the P&O website, a foot passenger leaving Calais at 09:45 tomorrow and leaving Dover at 19:00 tomorrow is available to book at £21.