Which Term & Condition dictates?

[Lucan Unlordly]

Here's the scenario...

Customer orders item from website based on the premise that it will be despatched next day. Due to circumstances beyond our control we were unable to do so..(Road accident blocked route to Post Office.)
Customer had option to pay for guaranteed Next Day Delivery but chose not to in favour of standard First Class and the vagaries of the Royal Mail.

The order obviously didn't arrive and the customer cancelled and whilst we hadn't despatched as promised on our website I believe our first Term & Condition covers us and further believe that the customer shares some responsibility for not taking advantage of *guaranteed next day delivery.

*we could have sent at our expense via courier

We are not talking big money here but having produced the goods which are of no use to anybody else am reluctant to refund in full.


Are my T's & C's firm enough?

Term & Condition 1.
When confirmation of an order is received, this is to indicate that we have received your order. It does not indicate that a
contract exists between us. We have included this to protect us in the case an error has been made in pricing, or we are unable to supply a product in the required time scale or for whatever other reason.

Term & Condiion 2.
Orders of vinyl lettering are sent by 1st class Royal Mail the next working day ( Monday - Friday )

Term & Condition 3.
If your order is not received within 7 working days you must inform us and allow us a further 7 working day to trace the order.

 

[TotallySport]

is it b2c or b2b, if b2c the DSR applies and they can cancel within 7 days or longer depending on your T&C.

There is also a fine line between upholding terms and conditions and keeping everything as simple as possible, if the customer wants to cancel and you haven't post it, simply apologise and cancel it, explain the issue without sounding patronising or blaming them, and move on.

Much better than lots of emails, then an unhappy customer, and lots of hassle and time spent, when the result will roughly be the same anyway.

 

[templateagreements]

They still have statutory cancellation rights under the Distance Selling Regulations (as mentioned by TotallySport).

Quick summary of Distance Selling Regulations, including cancellation rights.

 

[Homer J Simpson]

We are not talking big money here but having produced the goods which are of no use to anybody else am reluctant to refund in full.

I think custom made items are excluded from DSR aren't they?

 

[TotallySport]

I think custom made items are excluded from DSR aren't they?

whist your right there is nothing in the OP to indicate the items are custom made.

Plus if the item has been paid for by paypal, they will just do a charge back anyway, regardless of anything. Although if the OP gets a tracking number the customer won't win, if the signature is added to paypal.

 

[Homer J Simpson]

Reads as custom made to me.

 

[TotallySport]

The only indication of the product is the mention of vinyl lettering in the terms and conditions, and although you will be able to get them custom made, you can still buy them in B&Q and many other shops as a standard line, and nothing in the terms and conditions says anything about custom made, if that is the case the Terms and Conditions need more work.

 

[MikeJ]

We are not talking big money here but having produced the goods which are of no use to anybody else am reluctant to refund in full.

That reads custom made to me.

However, you said you'd do something and you didn't. If you couldn't make it, the least you should have done is advise them that you'd missed the post, and to find out if you should still despatch.

Man up and take the hit.

 

[Lucan Unlordly]

Thank you all.

Yes, very bespoke vinyl lettering, no use to anybody else.

I'm not worried about taking the hit on this order but one of a higher value could cause concern

Had I got these to the Post Office it transpired that the collection vehicle couldn't reach them in time either so they probably wouldn't have got there anyway.:redface:

 

[TotallySport]

you need to word your terms and conditions to focus on custom made items.

Your don't need to refund, however I would make a few changes, regarding information on not guaranteeing delivery times.