Internet Order Not Arrived

[mum1one]

My husband's office chair broke so I ordered another one online which was supposed to be next day delivery (ordered on 13/05/20.) The only confirmation I got was an email from the company confirming my order. I emailed the company on 14/05/20 to enquire where my next day delivery order was but got no reply. I then phoned them yesterday and the person that answered said he would email me with an update as to where my order is after I complained that it was supposed to arrive the next day. I've heard nothing. The chair cost over £100 and I paid with a credit card. I see in the terms and conditions on this company's website that all cancelled upholstered items will incur a 100% cancellation charge! I would like to cancel the order and go elsewhere as my husband urgently needs a chair but I don't want to lose all my money either! We are unable to visit a shop as my husband is in a vulnerable group and we have to self-isolate for the next 3 months due to the coronavirus. Please help!

[R0b]

You shouldn't have to lose out because they have failed to delivery next day and that would be a condition of the contract. However, if you did cancel I would anticipate that the company might try it on with you and claim you aren't entitled to a refund as per their terms and conditions.

To cover your back, you could email the company and say that they have not responded to your complaint about your order, which was supposed to be next day delivery (delivery on 14th May) and despite someone telling you that they would give you an updated but have not. Explain that the next day delivery formed part of the contract and the failure to deliver on the agreed date is a breach of contract on their part. Tell them that unless the office chair is delivered by X day (for example, Monday 18th May) then will consider the contract cancelled expect a full refund of your purchase.

If you want any feedback on your response, post it up before you send it off.

[mum1one]

Thank you for your reply. I have copied and pasted a draft email to the company concerned. I would appreciate feedback before I email it to them.

Afternoon,

I have had no reply to the below email dated 14/05/20 regarding my next day delivery order placed on 13/05/20 which has not arrived.

I also telephoned your company on Friday 15/05/20 to enquire why my order has not been delivered. I was promised an email reply as to the whereabouts of the order but have heard nothing.

The next day delivery formed part of the contract between myself and your company and your failure to deliver on the agreed date is a breach of contract.

I would like to give you until Wednesday 20/05/20 to deliver the office chair as per my order. If you fail to deliver by this date then I will consider the contract cancelled and expect a full refund.

Yours sincerely

[R0b]

I will give you until 4pm Wednesday 20/05/20 to deliver the office chair as per my order and time is of the essence. If you fail to deliver by this date then I will consider the contract cancelled and expect a full refund.

Just a small change above, rest looks fine to me. I added in 4pm because you can track time whereas being pedantic, they could deliver right up to midnight on Wednesday and still comply with your deadline. Time of the essence means delivery is a fundamental term and failure would grant you a right to terminate.

[mum1one]

Thank you. I've made the change to the email. I will keep you updated as to what happens.

[mum1one]

Hello, I heard nothing from the company concerned so was very surprised when the chair arrived this afternoon. No tracking was provided as promised in the original order email, but at least it got here. I suspect the last email I sent to them did the trick. Many thanks again for your help and advice.

[R0b]

Good to hear that it has arrived on time, it's funny how businesses react when they are threatened in order to do their jobs properly

Shouldn't have to come to that but the main point is that you have the chair.