Can I refuse delivery?

  Totally-braindead 19:18 24 Jul 03
Locked

I bought 2 modems yesterday and asked for next day delivery before 6pm which cost me £7.50. The modems were due for delivery today and haven't arrived, I needed them tonight and have had to cancel plans because of the non delivery. What I would like advice on is can I refuse delivery on the items now. I intend to go in to town to buy 2 modems as I can't sit in the house for another full day waiting for items which may or may not arrive. I'd much rather go in to town and be certain I can get them. My question is am I legally entitled to refuse the delivery as there is no way I want to end up with 4 modems? Any advise would be greatly appreciated.

  jazzypop 19:52 24 Jul 03

My understanding is yes, you can. As always there is a 'however' attached....

You will need to prove that the delivery within 24hrs was an essential component of the contract, upon which you relied. It will help your case if you can demonstrate that the supplier was aware of this.

If you can answer Yes to the two points above, then the supplier has effectively frustrated the contract.

I am not a lawyer, and I am aware that I am probably using a little jumbled terminology (my brain is numb from the training course today), but I am pretty certain of the basic premise outlined above.

  Totally-braindead 20:05 24 Jul 03

Thanks jazzypop, isn't there always a "however" though.

  GANDALF <|:-)> 20:08 24 Jul 03

PCWorld has it's advantages. If something was so crucial I would have bought from them rather than ordering over the net.

G

  wee eddie 20:13 24 Jul 03

If you did and they conrirmed delivery before 6pm on the following day (date confirmed) then They have broken the contract.

So. Check the delivery date/time on the e-mail that confirms your order. A purely verbal, is difficult to prove, especially if that is not exactly what they offer.

  Totally-braindead 20:17 24 Jul 03

It wasn't exactly life threatening not getting them Gandalf but I had made plans based on the next day delivery, which of course I had to cancel. You have a point though I must admit, the next time I need something so urgently I'll go get it myself rather than relying on a carrier.

Dont worry about a "frustrated" contract or anything else. You can refuse delivery and simply request a refund under the Distance sellings regs. However, what you will not get is your delivery charge back. Wheter you would if you went the way of a breach of contract is also doubtful as the terms and conditions are bound to have a caveat!

  Totally-braindead 20:20 24 Jul 03

So slow typing I missed your input wee eddie, yes they did confirm by email that the item had been sent and would be delivered by 6pm today. I think I'll consider this resolved for the time being and see what happens tommorrow. Thanks all for your advice.

  Rayuk 17:18 25 Jul 03

I would ask for the extra amount you paid for next day delivery as they failed to do so.

  rewired 19:20 25 Jul 03

After months of studying the various recommendations I am going for a L.G. Flatron, thing is , 18inch or 17 inch? The L17OB has had a great press.Anyone got an opinion ?I keep reading posts from people who wish they had gone for the larger screen. Is the 18 inch a better bet for the average user who plays the odd game or three ?

I think you need to repost...on the right thread perhaps?

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