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  • FIRST POST
    • JaspaC
    • By JaspaC 5th Mar 18, 6:46 PM
    • 61Posts
    • 16Thanks
    JaspaC
    Flowers Refund
    • #1
    • 5th Mar 18, 6:46 PM
    Flowers Refund 5th Mar 18 at 6:46 PM
    Hi all, could do with some advice regarding flowers ordered through the post.


    I ordered a large boquet (and paid extra for it) but only a small boquet arrived. I wasn't very impressed but when I complained they were only prepared to refund the difference between the small and large boquet and pointed out a clause in thier t's and c's that says this. In addition they offered be an 85p voucher for future purchases over £20 (I kid you not).

    This doesn't seem very fair, and the fact that they have such a specific line in thier conditions seems to suggest they do it often. The way I see it, they haven't given me what I paid for, I should get a full refund, but is there any legislation that overrides thier T&Cs?

    Thanks
    J
Page 1
    • ssparks2003
    • By ssparks2003 5th Mar 18, 7:26 PM
    • 352 Posts
    • 465 Thanks
    ssparks2003
    • #2
    • 5th Mar 18, 7:26 PM
    • #2
    • 5th Mar 18, 7:26 PM
    No, next question
    • shaun from Africa
    • By shaun from Africa 5th Mar 18, 8:12 PM
    • 9,973 Posts
    • 11,243 Thanks
    shaun from Africa
    • #3
    • 5th Mar 18, 8:12 PM
    • #3
    • 5th Mar 18, 8:12 PM
    they haven't given me what I paid for, I should get a full refund, but is there any legislation that overrides thier T&Cs?
    Originally posted by JaspaC
    No, next question
    Originally posted by ssparks2003
    ssparks, have you never heard of the consumer rights act?
    If not, maybe giving "advice" on here isn't really a good idea.
    A sellers T&C's cannot override your statutory rights.

    CRA section 11
    Goods to be as described

    (1) Every contract to supply goods by description is to be treated as including a term that the goods will match the description.
    The retailer has already admitted that a small bouquet was supplied instead of the large one that was ordered and have said that they will only refund the difference.
    This goes against the OP's statutory right to a full refund.

    19 Consumerís rights to enforce terms about goods

    (3) If the goods do not conform to the contract because of a breach of any of the terms described in sections 9, 10, 11, 13 and 14, or if they do not conform to the contract under section 16, the consumerís rights (and the provisions about them and when they are available) areó

    (a) the short-term right to reject (sections 20 and 22);
    JaspaC,
    How did you pay for the flowers?
    If it was by credit or debit card, contact your card issuer and inform them what happened and the response from the seller and state that you are requesting a chargeback for incorrect goods being supplied.
    • JaspaC
    • By JaspaC 6th Mar 18, 1:32 AM
    • 61 Posts
    • 16 Thanks
    JaspaC
    • #4
    • 6th Mar 18, 1:32 AM
    • #4
    • 6th Mar 18, 1:32 AM
    Hi SFA thanks for your reply, that's very helpful (unlike someone else!).

    I suspected this may be the case but I notice that the MSE guide says Fresh Flowers are excluded from the Consumer Contracts Regulations 2013, so would they also be excluded from the Consumer Rights Act 2015, or does that not have any exceptions?

    It was paid for by credit card, so I will contact them and apply for a charge back.

    Thanks again for all your specific references and advice, much appreciated.

    J
    • Greta Sharbo
    • By Greta Sharbo 6th Mar 18, 7:57 AM
    • 185 Posts
    • 206 Thanks
    Greta Sharbo
    • #5
    • 6th Mar 18, 7:57 AM
    • #5
    • 6th Mar 18, 7:57 AM
    The CCRs are concerned with your right to cancel for a change of mind - items that will rapidly deteriorate are excluded for obvious reasons. You aren't changing your mind though so CRA still applies.
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