Rejection of delivery

visidigi · 4 January 2018 at 9:52PM

Tattynatty2011 wrote: »

:mad: This is the reply that I have just received when I questioned if I would receive a refund or reattempt at delivery. :mad:

“Unfortunately, Parcel Force are not authorised to advise you to refuse your delivery. I suggest that you make contact with the depot that delivered your goods (and they should be able to advise who your delivery person was) and you should attempt to seek compensation from Parcel Force, we will be unable to compensate you or send your new order. When you placed your order you will have ticked the box that confirms you are happy with our terms and conditions.
I'm sorry, but there really is nothing more I can do to help, especially as it is now more than 2 weeks since you refused the parcel”

I replied: (when I say ‘I’ I mean ‘we’ given that most of the wording is from your replies!) :rotfl:

‘Many thanks for your reply.
I note that you mention it has been two weeks since I rejected the order, just to clarify I made contact on the 29th December Via Instagram but to no avail until this evening when I received a reply stating that they had just noticed my message.
Secondly, as usual protocol for refunds are typically 10-14 days I assumed I would receive a refund within the time frame - when I did not,I sent you another email to chase this.

I had no idea how the transport company stores items in its warehouse, was it in an office type environment or outside in the sun?,
Joe’s cannot put a blanket "we put enough cool packs in to last x hours".

I advised by the delivery firm to reject, which I did, the delivery firm knows how the goods were handled.

As the meat could then have got cold again in the back of the van, there is no way that I could be CERTAIN that the meat was not going to cause serious harm, and thats a pretty important point on food stuff to be fit for purpose.

The driver, right or wrong he may be, this is an issue between the seller (you) and the courier (ParcelForce)

This is a clear cut refund case, and whilst I appreciate your T&C’s -I am confident my statutory consumer rights over perishable goods supersede’s this.

I am also confident that you have received the goods back after the rejection in the same condition it was dispatched, therefore I am still eligible for a full refund inclusive of delivery as you as a company are not at a loss of product.

If you unable to resolve this I shall seek legal advice and take this further as a statutory right under the Consumer Rights act 2015.

I look forward to receiving my refund and should you need any further information to support the transaction please feel free to drop me a message & I will be happy to assist’

Oh my days. Aside from all the other inaccuracies my absolute favourite has to be...

I am also confident that you have received the goods back after the rejection in the same condition it was dispatched, therefore I am still eligible for a full refund inclusive of delivery as you as a company are not at a loss of product.

You ordered perishable goods!
They paid the courier to ship it.
They will have to pay the courier for the return.
The goods inside will have perished and cannot be sold as they will have exceeded the contingency (which is why the terms and conditions explicitly state not to refuse deliveries).
They are at a loss, probably far exceeding the profit margin in your order by a factor of at least 2.

Ill be surprised if they even reply to you, if they do I fear you wont like what they will say either...

Tattynatty2011 · 4 January 2018 at 10:30PM

I have no idea how to quote on these forums, however in response to the above reply;

According to their statement, their parcels are ‘fresh’ for upto 3 days, so given that they have received them back, no they would not have lost out on perishable items.

I too am at a loss.

Let me ask you a question, would you honestly accept an item of ‘fresh’ meat from your butcher if the delivery man walked in with your order and pulled you to one side and Said ‘I wouldn’t order if I was you, this delivery on meats has been stored in an warehouse for longer than expected’

Honestly, would you?

Secondly, I have offered to pay for a replacement on delivery costs as per my first post and it was ME that paid the delivery costs; not them.

unholyangel · 4 January 2018 at 10:38PM

If this is the website, their terms and conditions are absolutely shocking and definitely do not comply with the law. I was planning on highlighting the parts that are incorrect but it appears there is far too many of them.

I'd be willing to bet the T&C's haven't been written or checked by a solicitor - I can't see a solicitor including a choice of law clause but not including a jurisdiction clause.

Plus even if a solicitor wouldn't necessarily know it breached consumer protection legislation, they should know it is entirely contrary to the ordinary position of the law and therefore their terms are effectively fantasy invented by Joe's.

Also to note that while items that will deteriorate or expire rapidly are exempt from the right to cancel, they are not exempt from the other provisions of the consumer contract regulations and as such, I'd advise the OP to check what information they should have provided and then make sure they actually provided it.

I mean they don't even have lorne steak slice. What kind of butcher doesn't do square sausage? :eek: (okay that last parts a joke).

Tattynatty2011 · 4 January 2018 at 10:40PM

Your message makes me feel a little better - thankyou!

Unfortunately I don’t even remember ‘ticking’ the T&C’s box but more than likely I would have done to complete the order - rookie mistake I know.

It seems there are various opinions on this, I shall keep you updated!

unholyangel · 4 January 2018 at 10:41PM

Tattynatty2011 wrote: »

I have no idea how to quote on these forums, however in response to the above reply;

You might need to log in but once you do, there should be buttons under each post giving you the ability to quote or multiquote. If you click the quote button, it will take you straight to reply screen quoting that 1 post. If you do multiquote, you can select up to 3 posts (i think its 3 anyway) and then once you click the reply button, it will take you to the reply screen and have those 1-3 posts quoted.

If that makes sense/helps.

visidigi · 4 January 2018 at 10:47PM

Tattynatty2011 wrote: »

According to their statement, their parcels are ‘fresh’ for upto 3 days, so given that they have received them back, no they would not have lost out on perishable items.

The timelines of your posts aren't clear - are you saying you know the date they got the package back and was it within 3 days of the original dispatch?

Its 3 days fresh from dispatch, sent on a next day delivery that means its contingency is 48 hours - your package was 24hrs late, therefore still within contingency.

Tattynatty2011 wrote: »

Let me ask you a question, would you honestly accept an item of ‘fresh’ meat from your butcher if the delivery man walked in with your order and pulled you to one side and Said ‘I wouldn’t order if I was you, this delivery on meats has been stored in an warehouse for longer than expected’

Honestly, would you?

I would, because I ordered it, I know what I asked to have delivered and would check that it contained what I ordered in the state I expected it. I wouldn't point blank refuse it - unless it shows visual damage - if there is none and its opened by me and its spoiled (which the internal packaging would indicate) then I would complain to the retailer.

I wouldn't trust a drivers opinion who's had the package for a few hours since 6am or something that day. They are a courier - end of.

Tattynatty2011 wrote: »

Secondly, I have offered to pay for a replacement on delivery costs as per my first post and it was ME that paid the delivery costs; not them.

You paid the retailer the fee they requested - the sender actually paid the delivery charge on their Parcelforce account, which makes the contract between the shipper and the carrier - you did not pay the actual charged delivery costs - you paid the shipper rate.

You paying for replacement delivery costs doesn't change the fact the retailer is out of pocket!

Money_maker · 4 January 2018 at 10:49PM

If your goods have not arrived by 1pm on your preferred delivery day, YOU MUST contact us by email at joe@joessausages.co.uk and inform us that your parcel is late. We will endeavour to track it for you. Failure to advise us on the day your parcel was due to be delivered means that we cannot be held liable for the failed delivery and you will not be compensated for the loss of your goods. We will always endeavour to help track your parcel but the courier must have chance to track it and rectify any delivery mistakes.

Did you do this OP?

Tigsteroonie · 4 January 2018 at 10:50PM

So hang on ...

You must either be at your specified delivery address to take receipt of your parcel or you must provide special delivery instructions ... if you are concerned that there is not a safe place then please provide a delivery address where someone will be in to accept the delivery.

Yet

By placing your order on a preferred delivery day, you accept that your order may under exceptional circumstances not arrive on the agreed day; it is rare that your order will be delayed, however it does occasionally happen. You must accept delivery of your goods. Your order will remain fresh for up to 48 hours. Under no circumstances will you be compensated if your order is not delivered on your ‘preferred delivery day’.

So having taken one day off work to ensure you are there to accept delivery, if they couldn't deliver due to 'exceptional circumstances' you then have to take the next day off work too?

A company to avoid if ever I saw one.

Money_maker · 4 January 2018 at 10:52PM

Looks like theyve changed to T&C's to suit themselves too as they say 'If an item is held at the Post Office awaiting collection and it is not subsequently collected, or if a delivery is refused and then returned to us we will NOT be liable for a refund, even if a member of Parcel Force tells you otherwise.'

You could have really done with a screenshot of them before your complaint. Is there any way (google cache etc) that the T&C's can be checked before amended?

unholyangel · 4 January 2018 at 10:56PM

Tattynatty2011 wrote: »

Your message makes me feel a little better - thankyou!

Unfortunately I don’t even remember ‘ticking’ the T&C’s box but more than likely I would have done to complete the order - rookie mistake I know.

It seems there are various opinions on this, I shall keep you updated!

No they needed to provide certain information to you in a durable medium (a non exhaustive list: traders identity, geographical address, total cost of the goods, that you won't have the right to cancel, the arrangements for delivery and within what time this will be) to comply with the consumer contract regulations. Websites are not durable. Email is but links to websites sent by email are not.

Tick boxes on websites are pointless (in consumer contracts anyway). Their purpose is to bind the consumer to the T&C's regardless of whether the consumer has read them or not. Which is contrary to the requirement that a consumer should have detrimental terms adequately drawn to their attention (burying it in small print and getting you to tick a box doesn't do that).

Rejection of delivery

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