Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Tattynatty2011
    • By Tattynatty2011 4th Jan 18, 4:54 PM
    • 8Posts
    • 0Thanks
    Tattynatty2011
    Rejection of delivery
    • #1
    • 4th Jan 18, 4:54 PM
    Rejection of delivery 4th Jan 18 at 4:54 PM
    Hi,

    I wanted to gain some feedback and possibly some solutions to my recent dilemma.

    I ordered a meat hamper from a online butchers, it arrived later than expected (only by a day) - I wasn’t in st the time of delivery so my colleague rang to inform me that the delivery had arrived and the courier advises to reject the order due to the freshness of the meat and that I had been sat in a warehouse.
    I didn’t realise it was only a day late at the time and told him to go ahead and reject the order.

    I contacted the company over Christmas but to no avail and today sent them an email that request a refund/redelivery.

    I was told they cannot help me as their terms and conditions state that I MUST NOT REJECT any delivery as sometimes the meat does arrive late (which of course, I did agree to at the time and did not read upon their website).

    I was wondering I should learn from my mistake or do I have a legal right to obtain a refund or redelivery seeing as I don’t have the items that I paid for.

    I am happy to pay extra delivery charges etc but they won’t accept that - can they do this?

    Thanks
Page 2
    • unholyangel
    • By unholyangel 4th Jan 18, 9:56 PM
    • 12,439 Posts
    • 9,743 Thanks
    unholyangel
    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!
    Originally posted by Tattynatty2011
    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).
    Money doesn't solve poverty.....it creates it.
    • Tigsteroonie
    • By Tigsteroonie 4th Jan 18, 10:01 PM
    • 22,752 Posts
    • 57,095 Thanks
    Tigsteroonie
    There's a copy of the T&C from February 2017 on waybackmachine: https://web.archive.org/web/20170225215017/https://www.joessausages.co.uk/about/terms-and-conditions.html

    Don't know if that helps or if it's too old.
    Mrs Marleyboy

    MSE: many of the benefits of a helpful family, without disadvantages like having to compete for the tv remote

    Proud Parents to an Au-some son
    • unholyangel
    • By unholyangel 4th Jan 18, 10:02 PM
    • 12,439 Posts
    • 9,743 Thanks
    unholyangel
    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?
    Originally posted by Money maker
    This is a snapshot of their T&C's from Feb 2017. The only difference to todays is that todays version includes a section on damaged packaging.

    Cached T&C's


    ETA: dammit, beaten by a minute!
    Last edited by unholyangel; 04-01-2018 at 10:04 PM.
    Money doesn't solve poverty.....it creates it.
    • AndyMc.....
    • By AndyMc..... 4th Jan 18, 10:10 PM
    • 1,580 Posts
    • 1,014 Thanks
    AndyMc.....
    This is the reply that I have just received when I questioned if I would receive a refund or reattempt at delivery.

    “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!)

    ‘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’
    Originally posted by Tattynatty2011
    So why did you reject them?
    • Money maker
    • By Money maker 4th Jan 18, 10:19 PM
    • 5,011 Posts
    • 11,394 Thanks
    Money maker
    Tigsteroonie and unholyangel, thank you you clever people. Unfortunately it does still mention parcel force employee so that blows my theory out of the water.
    Please do not quote spam as this enables it to 'live on' once the spam post is removed.

    If you quote me, don't forget the capital 'M'

    Declutterers of the world - unite!
    • Tattynatty2011
    • By Tattynatty2011 4th Jan 18, 10:21 PM
    • 8 Posts
    • 0 Thanks
    Tattynatty2011
    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?
    Originally posted by Money maker
    No I did not, as stated I was out at the time and had to make the decision via telephone - I didn't see the parcel in the first instance as it was a day late.
    • Tattynatty2011
    • By Tattynatty2011 4th Jan 18, 10:23 PM
    • 8 Posts
    • 0 Thanks
    Tattynatty2011
    So why did you reject them?
    Originally posted by AndyMc.....
    Because it was a late, I was not present at the time however I was advised to reject as it had been stored in the warehouse.


    I was unsure in what conditions it had been stored and had to make a decision based on the couriers comments.

    Edit : I've just seen your bold comment, I was suggesting that the box was returned unopened and damage free.
    Last edited by Tattynatty2011; 04-01-2018 at 10:25 PM. Reason: Further clarification
    • AndyMc.....
    • By AndyMc..... 4th Jan 18, 10:31 PM
    • 1,580 Posts
    • 1,014 Thanks
    AndyMc.....
    Because it was a late, I was not present at the time however I was advised to reject as it had been stored in the warehouse.


    I was unsure in what conditions it had been stored and had to make a decision based on the couriers comments.

    Edit : I've just seen your bold comment, I was suggesting that the box was returned unopened and damage free.
    Originally posted by Tattynatty2011
    On one hand you’re saying they’re unfit for consumption due to storage and on the other you’re saying there’s nothing wrong with them.

    How much are we talking about?
    • Tattynatty2011
    • By Tattynatty2011 4th Jan 18, 10:35 PM
    • 8 Posts
    • 0 Thanks
    Tattynatty2011
    On one hand you’re saying they’re unfit for consumption due to storage and on the other you’re saying there’s nothing wrong with them.

    How much are we talking about?
    Originally posted by AndyMc.....
    The meat *may* have been unfit for consumption, when I say returned in its original condition, I haven't worded it correctly, it was in reference to the condition of the packaging as it was not opened by myself nor the driver in my company or my colleagues.
    • AndyMc.....
    • By AndyMc..... 5th Jan 18, 7:19 AM
    • 1,580 Posts
    • 1,014 Thanks
    AndyMc.....
    The meat *may* have been unfit for consumption, when I say returned in its original condition, I haven't worded it correctly, it was in reference to the condition of the packaging as it was not opened by myself nor the driver in my company or my colleagues.
    Originally posted by Tattynatty2011
    How do you knew w what the packaging was like if you never saw it?
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

1,879Posts Today

6,624Users online

Martin's Twitter