Retailer removed items from my order but still charged full postage
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bobbly
Posts: 45 Forumite
So I was thinking of placing an order for a few items with a well known sports clothing company, but I discovered there is a £4.99 charge for delivery, no matter how expensive your order is.
I decided this delivery charge was too expensive to justify buying only a few small items. So I figured I'd make it more worthwhile by purchasing some more items. I paid with PayPal.
But the day after placing the order, the well known sports clothing retailer sent me an email to say they have cancelled some of the items on my order. They then dispatched the order, minus the cancelled items, without seeking my approval.
Although they have refunded me for the cancelled items, they are refusing to refund any proportion of the delivery cost. This doesn't seem fair, as it has increased the per-item postage cost for me, and I wouldn't have placed the order at all if I still had to pay the full £4.99 delivery cost for the fewer items they sent.
It's only a small amount of money, but it's the principle at stake here!
As far as I'm aware, I did not enter into a contract to buy fewer items for the same delivery cost. Does this mean they are in breach of contract? Or have they taken money from me without a contract? It would be interesting to know what a consumer's rights are when something like this happens.
The retailer's last word is: "Our delivery cost is fixed at £4.99 regardless of how many items are on the order, so sadly we can't reimburse any portion of this."
What should I do? Ideally I'd like to avoid having to send everything back.
I decided this delivery charge was too expensive to justify buying only a few small items. So I figured I'd make it more worthwhile by purchasing some more items. I paid with PayPal.
But the day after placing the order, the well known sports clothing retailer sent me an email to say they have cancelled some of the items on my order. They then dispatched the order, minus the cancelled items, without seeking my approval.
Although they have refunded me for the cancelled items, they are refusing to refund any proportion of the delivery cost. This doesn't seem fair, as it has increased the per-item postage cost for me, and I wouldn't have placed the order at all if I still had to pay the full £4.99 delivery cost for the fewer items they sent.
It's only a small amount of money, but it's the principle at stake here!
As far as I'm aware, I did not enter into a contract to buy fewer items for the same delivery cost. Does this mean they are in breach of contract? Or have they taken money from me without a contract? It would be interesting to know what a consumer's rights are when something like this happens.
The retailer's last word is: "Our delivery cost is fixed at £4.99 regardless of how many items are on the order, so sadly we can't reimburse any portion of this."
What should I do? Ideally I'd like to avoid having to send everything back.
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I'm guessing it's sports direct.
One item or 21 items its £4.99 so there is no pro rata refund to be had.0 -
So I was thinking of placing an order for a few items with a well known sports clothing company, but I discovered there is a £4.99 charge for delivery, no matter how expensive your order is.
I decided this delivery charge was too expensive to justify buying only a few small items. So I figured I'd make it more worthwhile by purchasing some more items. I paid with PayPal.
But the day after placing the order, the well known sports clothing retailer sent me an email to say they have cancelled some of the items on my order. They then dispatched the order, minus the cancelled items, without seeking my approval.
Although they have refunded me for the cancelled items, they are refusing to refund any proportion of the delivery cost. This doesn't seem fair, as it has increased the per-item postage cost for me, and I wouldn't have placed the order at all if I still had to pay the full £4.99 delivery cost for the fewer items they sent.
It's only a small amount of money, but it's the principle at stake here!
As far as I'm aware, I did not enter into a contract to buy fewer items for the same delivery cost. Does this mean they are in breach of contract? Or have they taken money from me without a contract? It would be interesting to know what a consumer's rights are when something like this happens.
The retailer's last word is: "Our delivery cost is fixed at £4.99 regardless of how many items are on the order, so sadly we can't reimburse any portion of this."
What should I do? Ideally I'd like to avoid having to send everything back.
If they had cancelled the whole order, would you now be posting complaining that they cancelled the whole order even though they had the items in stock.
the postage was £4.99 regardless so nothing you can do
ordering stuff you dont really want isnt very MSE0 -
So there is a £4.99 charge for delivery, no matter how expensive your order is.......
.....As far as I'm aware, I did not enter into a contract to buy fewer items for the same delivery cost. Does this mean they are in breach of contract?
Yes, you did, you knew 100% that the delivery cost was £4.99 regardless of the value of the order or how many items. You put that if your very first sentence.Accept your past without regret, handle your present with confidence and face your future without fear0 -
I would reject the delivery and get a full refund.
£4.99 delivery on several items is fine, but I certainly wouldn't pay that much for delivery for a couple of items.
They have been unable to fulfill your full order so just get a full refund.Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0 -
I would reject the delivery and get a full refund.
£4.99 delivery on several items is fine, but I certainly wouldn't pay that much for delivery for a couple of items.
They have been unable to fulfill your full order so just get a full refund.
Easier said than done if it’s sports direct.0 -
peachyprice wrote: »Yes, you did, you knew 100% that the delivery cost was £4.99 regardless of the value of the order or how many items. You put that if your very first sentence.
No, I did not enter into a contract to buy fewer items than I had ordered.0 -
I would reject the delivery and get a full refund.
£4.99 delivery on several items is fine, but I certainly wouldn't pay that much for delivery for a couple of items.
They have been unable to fulfill your full order so just get a full refund.
At last, someone who sees sense! Unfortunately I think this is going to be a bit annoying to sort out now, as Hermes delivered the parcel while I was out and signed for it on my behalf.
I'm really surprised how many MSE forumites seem to think that the retailer's actions are acceptable here.0 -
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I certainly think that it is worth sending an email to them but only if you intend to purchase more items.
If, for example, you purchased 5 items but 3 were cancelled then it isn't really your fault and they are putting you in a position where, if you want to replace the 3 items, you have to fork out a second £4.99.
I think that it would be good customer service for them to waive the postage fee for re-ordering things similar to the cancelled items from them. But it would probably be a goodwill gesture more than any legal right.0
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