Some help/advice please

MissShihTzu

Hi

We bought a table from a well-known chain nearly three weeks ago and arranged for delivery last Saturday 8th Feb. Paid in full at the time of purchase.

Table wasn't delivered. No call, and no indication of any problems, even though we knew of the approaching storm, and I had seen one of the delivery vans out earlier in the day.

Called the next day. Manager promised to look into it and get back to me. Both my husband (who initially spoke to the manager on Sunday) and myself told the store three times delivery would be a problem in the week as we are not available to take delivery. Since then, I have had to call the store every time to try to get a resolution.

Store arranged delivery with An Post. Guess what? Table turned up today with no prior warning and of course we aren't there to take it.

Really fed up now, and my husband wants to tell the store to take back the table and refund us in full including the delivery charges.

Can anyone tell me where we stand on this? I'm English and know that the item can simply be sent back and get a refund as the item wasn't delivered on time, but unsure of the law here.

TIA

Spocker

When you arranged for the initial delivery was it by the stores own deliverymen? They would normally call in advance to confirm the day, and again on the day to confirm the delivery window. You didn't get those calls, so it may not have been scheduled?

When you called back the store several times, what did they say?

If the delivery was not successful by An Post, it goes back to the Delivery Unit for collection, and if not collected, goes back to the store. If your invoice states a particular delivery day/date, and has a note that you can't accept delivery during the week, then use it as your leverage to get the store to re-deliver.

You would likely be unsuccessful in seeking a refund at this stage, as the store have attempted to deliver, so returning it now would be considered "change of mind". You can ask though, let us know how you get on - in Ireland the vendor gets to choose one of the 3 R's (refund, replace, repair) under the Sale of Goods Act, not the purchaser

silver2020

The UK law does not cover delay of a day or two - it is for unreasonable delays. So even if this was in the UK, you would not be able to rely on that particular legislation.

I'll assume you paid in-store and this was not an online purchase

An Post only deliver on Saturdays to selected urban areas, so the store would need to have known that and that is probably where the failure occured.

But An Post also will try and deliver in the early evening in some areas too if they could not deliver in the daytime.

If you are looking for a refund, I'd say that a condition of sale in your specific case was for the saturday delivery which they failed to do. Also, until its accepted by you, the table is the property of the store, so you could ignore the delivery notice and allow the table return to the store.

MissShihTzu

Thank you very much for taking the trouble to reply

Spocker wrote: »

When you arranged for the initial delivery was it by the stores own deliverymen? They would normally call in advance to confirm the day, and again on the day to confirm the delivery window. You didn't get those calls, so it may not have been scheduled?

The delivery date was confirmed at the time of purchase. We initially asked for 1/2 but that was booked out, so the 8th was the alternative date offered. At the time, we did say that weekends would work for us, as one of us would be at home to take the delivery. That was also why the 8th was offered.
Unfortunately, it was not noted on the invoice.

Spocker wrote: »

When you called back the store several times, what did they say?

We never got a call on Sat, so we called when the store opened Sun pm. The manager spoke to my husband, and as he didn't know what/why it happened, and promised to call me back the next morning. Which he did, and told me the item would be sent via An Post and that I would get a tracking number later on that day. The call never came.
I then called back the next morning, and after several call (all initiated by me) I was given a number. But that wasn't recognised by the An Post website. Waited another day. Tried the tracking number again. No joy.
Called the store yesterday to confirm I had the correct details. Every time I called, someone would call me back. Wait a couple of hours. I call again. Eventually get the details at 3pm, at the third time of asking. My husband gets home to find the card from An Post saying they had tried to deliver. Of course, no-one was at home as we were not expecting them and no time to make arrangements!!

Spocker wrote: »

If the delivery was not successful by An Post, it goes back to the Delivery Unit for collection, and if not collected, goes back to the store. If your invoice states a particular delivery day/date, and has a note that you can't accept delivery during the week, then use it as your leverage to get the store to re-deliver.

Yeah - I asked for re-delivery, but An Post cannot say when they will bring it back, only that it will be within 2 working days. Bit of a problem...

Spocker wrote: »

IYou would likely be unsuccessful in seeking a refund at this stage, as the store have attempted to deliver, so returning it now would be considered "change of mind". You can ask though, let us know how you get on - in Ireland the vendor gets to choose one of the 3 R's (refund, replace, repair) under the Sale of Goods Act, not the purchaser

I have asked for the delivery charges to be refunded. But the store say they cannot refund on to the card for some reason and offered me a voucher which I refused and asked for a cheque to be issued instead. I'll give it a week to see if it shows up...