Fitness Superstore - Delivery Dispute

[BankFodder]

In principle you are correct of course. What would be the cost of delivery if you organise it yourself?

Are you sure that there is no small print on their website that says that the contract is only executed once the item has been selected for dispatch and is en route?
Had they taken the money from your account?

[BankFodder]

I don't understand why they would not permit a courier to pick up the item.

They would allow your auntie to go along and get it or your granny.

How much does the Fitness Superstore want for delivery?

[BankFodder]

So fitness superstore are happy to sell you a treadmill as long as you collect it yourself.

Which treadmill is it? Maybe you can provide a link

[BankFodder]

Well which model is it. Is it a folding one? Is it a rigid one? Surely you can give us the model number.

I just visited the site and it has various options including as you have said, 0 pounds for delivery – but you have to do contact them to arrange a delivery fee. It says:

Quote

1. Select Method	Price	Method Title	Carrier Title
   	£0.00	Click and Collect - Northampton	Click and Collect
   	£0.00	Price On Application	Delivery

    By placing your order you accept our Terms and Conditions ext

 

 

Order Summary

1 Item in Cart

1.  

Could that have been what you saw?

 

[BankFodder]

I simply went to their website and chose a non-folding treadmill and went through the checkout process until I got that screen.

I've just visited again and found the treadmill that you want and it says collection only

[BankFodder]

Have you been refunded your money?

Is there some other source of the same treadmill?

[BankFodder]

I think your best interests are served by doing whatever is necessary to take delivery or collect the item and then go back and sue for the expenses you have incurred.

[BankFodder]

I don't really see any problem with paying by bank transfer – but I understand that you have paid and they have your money? So I don't understand why you have raised this point.

 

[BankFodder]

Well maybe they are suspecting some kind of fraud if you pay by credit card and then an unknown third party collect it and then later on you deny that it was ever collected by anybody linked to you.
It's all a bit far-fetched – but I can see that there is some logic to it.

Although it's a nuisance, may be the easiest way through this if you really want the machine is to pay by bank transfer, get your courier to pick it up and then we can see about recovering the cost of the courier.

I really think that's the best way forward. They are being silly But apparently you are buying an item which is being discontinued and you are getting it at the discount and there aren't any others left.

The best of seizing the opportunity and at least take possession of it. After that we can examine where you stand and how to collect any ancillary losses

[BankFodder]

I think you should make the bank transfer first.

[BankFodder]

Well you can get the money back from your credit card company.

What you certainly shouldn't do is get your money back first and then pay because that might indicate that you are abandoning the contract.

Get their bank details, make the bank transfer – inform them that you are doing this because they require this in order to hand the item over to your courier.
Tell them that they should not assume that you are accepting the position on delivery fees

[BankFodder]

Don't worry about that. We will help you when the time comes.

 

I think you should take the pragmatic view and get the treadmill and then you will understand what your position is is and what to do

 

[BankFodder]

Yes, you must make it very clear that you object to their position and that you consider that they are in breach of contract and that any action you take to collect the item is under protest and should not be construed as an agreement

[BankFodder]

Nice response

I think we are getting close to the time way you again have to issue legal proceedings.

Can you remind me – do they have your money or has it been refunded?

[BankFodder]

I think I would start rocking a few boats and begin by sending them a subject access request.

It would be interested to see what they have.

Secondly, it's clear that the machine belongs to you and they are obstructing your right to collect it. Not only is this a breach of contract but also it sounds to me as if it is a wrongful interference with goods.
Torts (Wrongful Interference with Goods) Act 1977

[BankFodder]

It because you an opportunity to invite the court to make a discretionary award of damages above the value of the item you are claiming. I don't think it's an opportunity to go crazy. A hundred quid would be quite a significant victory which would make your point very nicely

[BankFodder]

I'm sorry to say that it's all a bit strutting. I think you should try and use less legalese.

Also, you say that it was standard delivery. Is that the free delivery? I thought it was delivery for free

[BankFodder]

So why are you calling it standard delivery when it is free delivery?

[BankFodder]

I think I agree with you on the second option. I think trying to get free delivery is pushing it.

 

Quote

Dear XXX

Letter of Claim – Reference Number XXX

 

On XX date I purchased a make model et cetera from your online store for £XXX

I selected your standard delivery option which your website explains will be decided later.

I completed the purchase and paid for it and in fact my bank statement show that you have received the money.

Since then I have tried on several occasions to arrange standard delivery and I have been told that you will not deliver.

Because I need to get hold of the treadmill as quickly as possible – and certainly before the Christmas period – I then decided to organise my own collection and to deal with the problem of delivery charges later.

As you can imagine, it is a heavy object and for me to arrange collection and delivery to my address is an expensive matter and certainly not something I have come to pay myself.

Despite my best efforts, I have been informed by your company that you will not allow the treadmill to be collected by my courier on the spurious grounds that apparently there is a data protection issue.

I'm writing to it for you that you are in breach of contract. Your contractual obligation was in fact to agree standard delivery terms with me.

Furthermore, it is clear that I have paid for the treadmill and therefore the treadmill belongs to me and now you are obstructing my access to it for no understandable reason.

If you will not agree reasonable terms for the delivery of the treadmill within 14 days of this letter then I shall sue you for breach of contract and also I shall ask the court to make a discretionary award in respect of your wrongful interference with my ownership of the treadmill.

Yours sincerely

 

[BankFodder]

I don't understand why you want to get into this useless exchange.

You've prepared a letter of claim. What else do you need?

[BankFodder]

Okay – send it.

I don't think it is especially necessary

[BankFodder]

It probably is something to do with the store. Best to ignore it

[BankFodder]

I suggest that you write to whoever it is to send a letter of claim – because clearly Layla is in the loop.

 

Quote

Dear Layla, if you have something to say then please put in writing.

You are now threatening to cancel the order.

If you do cancel the other than that is a further breach of contract and I will be including that as an element of the claim which I will be bringing against you as I have already explained in my recent letter of claim.

If you have a proposal to make that I'm very happy to read you have to say. The door is always open – but the clock is always ticking.

Yours sincerely

 

[BankFodder]

I think you should stop trying to use legal language all the time because you aren't a lawyer and it shows

[BankFodder]

Quote

Dear XXX

Reference number XXX

No error was made.
I have screenshots which show very clearly that the treadmill I bought is eligible for standard delivery.

You say that the reason that I organised my own collection is because I suddenly became aware that the treadmill was collection only.
This is not true. The reason that I organised my own collection is simply to get hold of the treadmill as quickly as possible and to mitigate my losses as well as yours.

It's a heavy item and it is entirely reasonable for me to make the arrangements that I have.
 

However you seem to be determined to place various obstructions in my way at every turn.

I notice that if I chose a brand-new model instead of an ex-display model, that you would apparently have no difficulty delivering it to me. Clearly the logistics of delivering the treadmill pose no problem to you and I can only conclude that because the display model is reduced in price, your objections are simply about money saving.

I don't see any point in this futile exchange of correspondence. I have sent you a letter of claim and the clock is ticking.

We will put all of this correspondence including the screenshot in front of a court and I have no doubt as to the conclusion that the judge will reach.

Basically a business which realises it's made a mistake but is trying to wriggle out of its obligations.

Yours sincerely