Philips Hue UK - Order not delivered. Cancellation rights

JohnWstr

I placed an order with Philips Hue for some smart lighting bits on Sunday 16th November.  The specified delivery time was 2-3 working days.  After 4 days I checked the order status online and it wasn't in progress so I contacted them and have several times since.  I'm just constantly being told that they're busy, they're sorry, they can't tell me when they will send my order.  It's now 10 days and the situation is unchanged.  They have point blank told me that I cannot cancel my order.  Furthermore they say they can't begin to process a refund until I've started a return, but there's no knowing when I will receive it in order to start that process.  I've left a review on trust pilot and now see that there are pages of 1 star reviews from people in the UK having the same problem - https://uk.trustpilot.com/review/philips-hue.com 

What can I do, do I have any rights in law or do I just kiss £300 goodbye?

visidigi

How did you pay?

JohnWstr

visidigi said:

How did you pay?

Paypal.  I had a look at there info but it's not that straightforward to claim via PP.

Ergates

Whether or not the order has been "processed" is entirely an internal matter for Phillips and of no concern to you.  Also, whilst it's understandable that they're very busy at this time of year, that isn't your problem.  Given that such busy periods are entirely predictable, then should adjust the delivery dates on their website accordingly.

Consumer Contracts Regulations 2013 are your friend here.  Specifically, section 42

42.—(1) This regulation applies to any sales contract.
(2) Unless the trader and the consumer have agreed otherwise, the contract is to be treated as including a term that the trader must deliver the goods to the consumer.
(3) Unless there is an agreed time or period, the contract is to be treated as including a term that the trader must deliver the goods—
(a)without undue delay, and
(b)in any event, not more than 30 days after the day on which the contract is entered into.

(4) In this regulation—
(a)an “agreed” time or period means a time or period agreed by the trader and the consumer for delivery of the goods, but
(b)if there is an obligation to deliver the goods at the time the contract is entered into, that time counts as the “agreed” time.
(5) Paragraphs (6) and (7) apply if the trader does not deliver the goods in accordance with paragraph (3) or at the agreed time or within the agreed period.
(6) If the circumstances are that—
(a)the trader has refused to deliver the goods,
(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 paragraph (3), or at the agreed time or within the agreed period, was essential, then the consumer may treat the contract as at an end.
(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 paragraph (7) but the goods are not delivered within that period, then the consumer may treat the contract as at an end.
(9) If the consumer treats the contract as at an end under paragraph (6) or (8), the trader must without undue delay reimburse all payments made under the contract.

In short: You've made an order that included an agreed delivery timeframe.  They have failed to meet that timeframe.  You should give them a "appropriate" date by which they must deliver the goods (e.g. a few more days or a week).  If they still fail to deliver by that date then you can end the contract and they must refund you.  There is no "you cannot cancel the order" - they don't have a choice in the matter.

the_lunatic_is_in_my_head

This website OP?

https://www.philips-hue.com/en-gb

Seems to be owed by

Signify Commercial UK Limited

https://www.philips-hue.com/en-gb/support/legal/site-owner

Bit weird as I can't see a T&Cs page (could be missing it) so unless stated otherwise contract would be formed when payment is taken is my understanding. 

If they've taken payment above is correct, if they haven't you can try arguing no contract yet and you are withdrawing your offer but I couldn't find any info about your right to cancel (could be missing that also) but if there isn't I wouldn't expect them to up on the finer technicalities of contract law either. 

JohnWstr

Ergates said:

Whether or not the order has been "processed" is entirely an internal matter for Phillips and of no concern to you.  Also, whilst it's understandable that they're very busy at this time of year, that isn't your problem.  Given that such busy periods are entirely predictable, then should adjust the delivery dates on their website accordingly.

Consumer Contracts Regulations 2013 are your friend here.  Specifically, section 42

42.—(1) This regulation applies to any sales contract.
(2) Unless the trader and the consumer have agreed otherwise, the contract is to be treated as including a term that the trader must deliver the goods to the consumer.
(3) Unless there is an agreed time or period, the contract is to be treated as including a term that the trader must deliver the goods—
(a)without undue delay, and
(b)in any event, not more than 30 days after the day on which the contract is entered into.

(4) In this regulation—
(a)an “agreed” time or period means a time or period agreed by the trader and the consumer for delivery of the goods, but
(b)if there is an obligation to deliver the goods at the time the contract is entered into, that time counts as the “agreed” time.
(5) Paragraphs (6) and (7) apply if the trader does not deliver the goods in accordance with paragraph (3) or at the agreed time or within the agreed period.
(6) If the circumstances are that—
(a)the trader has refused to deliver the goods,
(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 paragraph (3), or at the agreed time or within the agreed period, was essential, then the consumer may treat the contract as at an end.
(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 paragraph (7) but the goods are not delivered within that period, then the consumer may treat the contract as at an end.
(9) If the consumer treats the contract as at an end under paragraph (6) or (8), the trader must without undue delay reimburse all payments made under the contract.

In short: You've made an order that included an agreed delivery timeframe.  They have failed to meet that timeframe.  You should give them a "appropriate" date by which they must deliver the goods (e.g. a few more days or a week).  If they still fail to deliver by that date then you can end the contract and they must refund you.  There is no "you cannot cancel the order" - they don't have a choice in the matter.

Thanks for the information.  When I originally ordered the website did say 2 - 3 working days.  When you go to the website now it's showing a banner at the top "there may be slight delays during the busy sale period". I'm sure that they will use that in order that 42.1.(b) applies:

 "not more than 30 days after the day on which the contract is entered into".  

Unfortunately that gives them until December 16th to get the order to me and remain within the law.

I think I'll have to suck it up for now, order replacement products from Amazon (at a similar price as it happens, as their Black Friday pricing is lower still than the 30% Philips Hue discount), reject the order when it's finally delivered and await a refund, which no doubt will be a similarly annoying process.  One user on trustpilot having the same difficulties is nearly £2.5K out of pocket so I guess I should think myself lucky! 

JohnWstr

the_lunatic_is_in_my_head said:

This website OP?

https://www.philips-hue.com/en-gb

Seems to be owed by

Signify Commercial UK Limited

https://www.philips-hue.com/en-gb/support/legal/site-owner

Bit weird as I can't see a T&Cs page (could be missing it) so unless stated otherwise contract would be formed when payment is taken is my understanding. 

If they've taken payment above is correct, if they haven't you can try arguing no contract yet and you are withdrawing your offer but I couldn't find any info about your right to cancel (could be missing that also) but if there isn't I wouldn't expect them to up on the finer technicalities of contract law either. 

That's correct.  Philips created the Hue brand but it's now Signify