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Carpet bought Online/Telephone delivery failure issue.

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  • Carpet bought Online/Telephone delivery failure issue.

    Hi All,

    Wish someone can help me or advise me with the issue I am currently having.

    I bought some carpets on the 27th Nov 14 from an online Carpet retailer called moreforyourfloor, initially I looked for what i want and gave them a call to complete the transaction, I gave specifications for what I wanted , in what dimensions and everything was agreed including cost of delivery for next day (28th Nov 14 - Friday) I was not advised during the transaction over the phone that the delivery would be kerb side only and driver will not assist in carrying the carpet inside, but I took the day off work to receive the carpet as it is a large item.

    On the Delivery day, I also happen to have a painter in the property doing some paint and I needed more paint at some point so dashed down to the store to get paint and it was while I was at the store the delivery driver turned up the painter answered the door and agreed to receive the items, but the driver insisted he only able to drop off the carpets (4 rolls of diff lengths & 3 rolls of underlay) and not willing to help with taking the carpets inside, the painter suggested he call me to advise me of this, I got the call while about to leave the store and begged the driver that I took the day of work to receive the said items and could he give me some time to get there so I could take delivery of the items and even thought the retailer did not advise me of the kerb side details, he insisted he was not happy to wait and that he will take it back to the Depot, I was furious as I need to get the carpet done because I had an appointment booked for Saturday the next day for the fitting. I called the Carpet company to express my anger and they promised to call the delivery depot to see if they can get them to tell the driver to come back for the delivery the same day , they didnt get back to me and I chased only to be told it would not be possible and the next available day would be Monday which I will be working but because Monday would not be okay I requested for a Saturday delivery for the 6th Dec, this was agreed and I waited at the property Saturday, I called everyday of the week to confirm it will be done on saturday and was assured it will be done on saturday, on the day I called and was advised it is already out for delivery. The driver turned up opened the Van but said even though his manifest said he had deliveries for me, the items were not actually loaded onto the Van hence my time was wasted again. I called the retailer but was told it was not their fault and that the courier was not opened on saturday and I had to wait till Monday before they could talk to them, I was furious as you can imagine.

    So on monday, I called only to be told sorry but when do you want it delivered again, I got my Mrs to take the day off work on Wednesday 10th Dec in order for her to be available to receive the Carpets in the morning as arranged and also arranged for a fitter to get the carpet fitted PM of the same day. I called the retailer and the Courier company a day before the delivery to confirm it is indeed going to be delivered Wednesday AM and i was re-assured that was the case. While my mrs was waiting to the driver to turn up, I called the retailer around 11am on delivery day to only to be told it is not out for delivery as planned but will be out for delivery on thursday the 11th today because the couldnt find my items in the loading bay soon enough but no one bothered to let me know until I phoned up, I had to call the fitter to cancel and as he was alreayd on his way he was not happy and I agreed to pay him for some of his time which I already did, putting myself in his shoes. But because I cannot afford to take the day off work again to receive item on thursday I requested for the delivery to take place on Friday 12th Dec AM as I alreayd took that day off work.

    So my question is supposing carpet is eventually delievered on Friday I need to seek redress for all my time wasted as I should have moved into the property about a week ago and that has to be delayed all due to the delivery issue plus, my time off work and my mrs time off work and the money I have had to pay the fitter for his time, Can I claim soime reasonable compensation for all the trouble caused from the retailer or my Credit company as a last resort? I have been put through a lot as a result of the delivery failure to say the least.

    (Fingers crossed Carpet will eventually be delivered tomorrow 12th Dec)

    Thanks in advance.

  • #2
    Re: Carpet bought Online/Telephone delivery failure issue.

    Update:

    My delivery dailed again on the 12th and I was promised another delivery for the Saturday the 13th but seeing as I have been disappointed so many Time, I hired a man and Van on Friday the 12th and collected the Carpet myself from the Courier company, but I now want to write a letter to the Carpet company and request for a re-inbursement for some of my time, also I had to pay the Carpet fitter £50 for wasting his time asking him to come for the carpet to be fitted as I was promised an AM delivery which failed twice.

    Any advise will be appreciated.

    Thanks in advance.

    Comment


    • #3
      Re: Carpet bought Online/Telephone delivery failure issue.

      Hi All,

      I have contacted the retailer about this and they have fobbed me off saying they are under no responsibility to pay any damages or compensation but offered me £25 for my trouble. But they refused to pay for my time and refund my delivery charges. I have written to them twice and they have refused so I am thinking of writing a letter before action letter before taking them to small claims court. Any advise will be appreciated.

      Comment


      • #4
        Re: Carpet bought Online/Telephone delivery failure issue.

        Without actually seeing the terms and conditions of your contract it is difficult to be certain of your position.
        It does appear however that the carpet suppliers fulfilled their side of the bargain by arriving at your property on the day agreed, ie 28th November.
        Couriers are rarely responsible for other than kerbside delivery.
        The couriers made other abortive (for various reasons) attempts to deliver (at no extra charge)
        IMO you would be hard pressed to succeed in a court claim for your costs

        Comment


        • #5
          Re: Carpet bought Online/Telephone delivery failure issue.

          Originally posted by des8 View Post
          Without actually seeing the terms and conditions of your contract it is difficult to be certain of your position.
          It does appear however that the carpet suppliers fulfilled their side of the bargain by arriving at your property on the day agreed, ie 28th November.
          Couriers are rarely responsible for other than kerbside delivery.
          The couriers made other abortive (for various reasons) attempts to deliver (at no extra charge)
          IMO you would be hard pressed to succeed in a court claim for your costs
          Thanks for your reply and for your time, my main issue/argument is this, I looked online at the retailer's website at the available goods/options but I did not proceed with the order online , if I did, I probably would have been notified of the kerbside delivery during checkout, so I called up the retailer and told them the item I want to order, I was quoted delivery charges over the phone but left out the details about the delivery being kerbside in the conversation, Are they not obliged to advise me during the transaction over the phone that the delivery I am paying for is kerbside and that I will be responsible for taking the order inside by myself? If i knew that I probably would have gone for a delivery and fitting service instead you see.

          Comment


          • #6
            Re: Carpet bought Online/Telephone delivery failure issue.

            Terms from their site says nothing about telephone order and my order was not placed on their website:


            2. Order process


            2.1 All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.

            2.2 The 'confirmation' stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from us. Once we have received your order we will check the nessercarry information such as stock levels and pricing, we will then dispatch your item. If there is a problem with your order we will get

            2.3 Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it.



            3. Delivery



            3.1 Our Delivery service on this website is only for delivery of products to customers in mainland UK addresses. We can deliver to the Channel Islands, Isle of Man, Orkney, Shetland, Scottish Islands, Northern Ireland or the Republic of Ireland but a delivery surcharge will be requried. All goods must be signed for by an adult aged 18 years or over on delivery.

            3.2 Delivery is charged at £13.95 for UK mainland orders. We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver the products within estimated timescales.

            3.3 Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us.


            Comment


            • #7
              Re: Carpet bought Online/Telephone delivery failure issue.

              On the Customer Services page it does state:

              Delivery
              Our standard delivery service is a one man curb side delivery, the driver is not insured to go into your property, and cannot take your goods up any stairs. For larger items the driver may require assistance in taking the the goods off of the van.On our premium two-man delivery service we will contact you to choose a day suitable for delivery, depending on your area the soonest day available can be up to 5 working days from the date of ordering. On the evening before delivery you should be contacted by e-mail or text with a 3 hour time slot for your delivery the following day. When delivering your items the two delivery personel will take the items into an accessible room of your choice. Please note that they may not be able to deliver up stairs, in tower blocks or into loft areas.

              Comment


              • #8
                Re: Carpet bought Online/Telephone delivery failure issue.

                Whilst I understand your feelings and frustration about the delivery problems I doubt you would succeed in court.
                IMO your best bet is to try and persuade the supplier to up his offer.

                Comment


                • #9
                  Re: Carpet bought Online/Telephone delivery failure issue.

                  Originally posted by ssparks2003 View Post
                  On the Customer Services page it does state:

                  Delivery
                  Our standard delivery service is a one man curb side delivery, the driver is not insured to go into your property, and cannot take your goods up any stairs. For larger items the driver may require assistance in taking the the goods off of the van.On our premium two-man delivery service we will contact you to choose a day suitable for delivery, depending on your area the soonest day available can be up to 5 working days from the date of ordering. On the evening before delivery you should be contacted by e-mail or text with a 3 hour time slot for your delivery the following day. When delivering your items the two delivery personel will take the items into an accessible room of your choice. Please note that they may not be able to deliver up stairs, in tower blocks or into loft areas.
                  I can see that and I posted the information but that terms and condition would apply if I ticked the checkbox to say I have read the terms and condition while placing the order on their website but I didnt, I only visited their website to see what they have in stock but I did not place any items in the basket, so I believe they have to advise me about the delivery process when I placed the order over the phone as well.

                  Comment


                  • #10
                    Re: Carpet bought Online/Telephone delivery failure issue.

                    Originally posted by des8 View Post
                    Whilst I understand your feelings and frustration about the delivery problems I doubt you would succeed in court.
                    IMO your best bet is to try and persuade the supplier to up his offer.
                    I would have a think about this, thanks for the insight.

                    Comment

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