OK to ask for delivery fee back?

Boohoo

I ordered something costing over £100 and paid using PayPal credit card.

I paid £9 for next day delivery as normal free delivery was 2-4 days.

I was off work that day as annual leave so I ordered the item for that day.

Tracking said it was on its way to my local hub for delivery to me

About 1pm email states due to issues in my area it won't be delivered that day but next day.

I emailed the seller and havihad a reply yet.

I have the parcel but can I ask if I can request that the NDD fee be reimbursed as it was not.

flaneurs_lobster

Seems perfectly reasonable to me. I've done it successfully in the past.

If they are not forthcoming then suggest (if a distance purchase) that you will be returning the thing for a full refund instead.

Boohoo

https://forums.moneysavingexpert.com/discussion/comment/82093725#Comment_82093725

I have had an email back and they said as the service I used is not "a guaranteed service" there is nothing they can do in respect of a fee refund.

flaneurs_lobster

https://forums.moneysavingexpert.com/discussion/comment/82093803#Comment_82093803

I think that the line you need to take is that it is not a service that YOU took, the service was offered by the buyer and it is their responsibility to uphold it or refund if not supplied.

Anything in their terms about NDD that specifically cover this situation?

Exodi

https://forums.moneysavingexpert.com/discussion/comment/82093725#Comment_82093725

While I agree there's nothing wrong with at least asking the question about reimbursing the delivery, I think the latter part about returning the goods out of spite is bad advice.

The legislation on the right to cancel under the CCR is clear:

https://www.legislation.gov.uk/uksi/2013/3134/regulation/29

Both subsection (a ) and subsection (c ) are relevant here. Subsection (a) refers to regulation 34, relevant parts cited below:

https://www.legislation.gov.uk/uksi/2013/3134/regulation/34

And subsection (c ) refers to regulation 35, cited below.

https://www.legislation.gov.uk/uksi/2013/3134/regulation/35

Returning out of spite means not only would the OP still be out the £9 for NDD (as the merchant is not obligated to refund it under regulation 34), the OP would also be obligated to pay for return shipping under regulation 35.

Exodi

https://forums.moneysavingexpert.com/discussion/comment/82093803#Comment_82093803

What was the service used? Most of Royal Mails first class/24 services state a 'Next working day delivery aim', though they also offer a special delivery which is guaranteed. Inevitably based on the merchants response it was sent on one of these 'next working day delivery aim' services.

How did they display the delivery service on the website? Any terms about it anywhere?

I think if it was marketed as '£9.00 - Royal Mail Tracked 24®' or something, then you may be out of luck. If they advertised '£9.00 - Next Day Delivery' then I'd argue that you couldn't have known the particular service they would choose was not guaranteed next day, nor was that stated anywhere.

Isthisforreal99

I'm assuming the thread heading 'Boohoo' is a clue to the retailer. Perhaps asking them themselves is the way to go and see what their response is.

Exodi

https://forums.moneysavingexpert.com/discussion/comment/82093850#Comment_82093850

If this was OP's first post then I'd agree, but they named their account nearly 20 years ago.

flaneurs_lobster

While I agree there's nothing wrong with at least asking the question about reimbursing the delivery, I think the latter part about returning the goods out of spite is bad advice.

I agree that returning the goods "out of spite" is poor advice. My advice was to "suggest" the cancellation of the entire sale if the NDD fee were not returned - bit of leverage to the discussion.

Is quoting half of the Consumer Contracts Regulations helpful?

Maybe a link might have done?

Boohoo

https://forums.moneysavingexpert.com/discussion/comment/82093850#Comment_82093850

Please enlighten us all on how you have come to that conclusion.

Boohoo

The service used was DPD local.

I will see if there is anything in the t & c about the delivery method used.

Thanks for all the replies.