Delivery Issues with Purchase from International Company - Breach of Contract?

DukeNinja on 25/02/2024 - 13:35
Last edited 25/02/2024 - 16:12 by 1 other user

I placed an order for an item from an international company instead of buying local as the advertised dispatched date suited my needs.

The dispatch date then changed in their website. I contacted the company, who advised mine was still on track, barring customs delay. I would not have been aware of this had I not taken the initiative. Come the initial delivery date and still nothing. I got in touch the next business day to advise that I will proceed with a chargeback if item is not dispatched that day. I get a reply saying there had been customs delay, however mine will get dispatched the next day.

Nothing happens, and my CC company proceeds with the chargeback in my favour. Later that day I get a DHL notification that the item is on its way. I email the company to advise them to cancel the shipping as I do not want the item anymore as it will arrive much later than agreed upon.

The vendor asks that I cancel the chargeback. I decline and remind them that the item was not sent in a timely fashion. The vendor refers me to their T&C which states: "no cancellations, no chargebacks, no disputes allowed". They stated I should pay for P&P to send it back and sort of implied legal action.

Any advice would be well received.

Thanks.

Financial

Comments

  • El cheepo on 25/02/2024 - 13:48
    +14

    Welcome to Ozlegal, more details are needed before your request can be handled by one of our qualified legal experts.

    Item
    Time frame
    Cost
    Company
    Country

    Credit card details

    • ihfree on 25/02/2024 - 13:59
      +6

      A timeline would also be useful

    • Jimothy Wongingtons on 25/02/2024 - 14:08
      +7

      Will also need picture of ops’ feet

      • El cheepo on 25/02/2024 - 14:12

        Maybe he was ordering toe-less socks.

        In which case, he may require your credit card details.

  • thatonethere on 25/02/2024 - 13:51
    +1

    Could try to reject delivery and tell DHL to return to sender.

    • DoctorCalculon on 25/02/2024 - 22:16

      That might be difficult if signature is not required, and OP is not at home to refuse delivery.

  • samyall on 25/02/2024 - 13:52
    +35

    I have no idea about the legal situation, but you're pretty brutal doing a chargeback after just one day has passed since expected delivery for an international item.

    • Nugs on 25/02/2024 - 15:52
      +5

      Per OP, the item had not even been dispatched after it was due to have been delivered
      .

  • tabz on 25/02/2024 - 13:53
    +6

    Breach of Contract?

    Are you asking if you breached the contract of sale since their T&C says no chargebacks and yet you did a chargeback? Then yeah you probably breached it.

  • BoltThrower on 25/02/2024 - 13:58

    Was the delay costly to you or your business, or just inconvenient and annoying?
    For me that would be how I'd handle the chargeback. That delay on their part could have been a new person's mistake who could lose their job, and possibly not entirely their fault.
    A little good-will and forgiveness goes a long way, especially if you're doing repeat business with them. The same could be said for petty vengeance.
    Think it over. https://www.youtube.com/watch?v=UvIwotyCFuo

  • Jimothy Wongingtons on 25/02/2024 - 14:13
    +1

    international company

    Was it in China

    I correspond with mainly Chinese companies as part of my day job and man, the market ain’t what it used to be. Finding a reliable long term (let alone short term!) business supplier is actually pretty hard. Once money hits their bank account it’s literally Wild West rules.

    Dont even get me started on the nightmare that is freight forwarders (especially the local offices here in Australia who are are all talk no walk).

    • rumblytangara on 25/02/2024 - 18:59
      +2

      Once money hits their bank account it’s literally Wild West rules.

      Figuratively Wild West. Literally Wild East.

  • dtc on 25/02/2024 - 14:18
    +2

    Legal answer: if the delivery time was an essential term of the contract - for example, written into the contract as being the required delivery date or the seller was aware that the delivery date was a key reason for the contract existing - then failure to comply is a breach entitling you to termination. If the date was in the contract or an order form but was not listed as essential, then you will be entitled to damages for the delay. If the date was an indication of likely delivery date (eg: on a website), then you have nada. A clause saying you cannot cancel a contract when the cause of the cancellation is the breach of the other party wont be upheld in Australia.

    Other legal answer: chances are the contract will be interpreted according to the law of the seller's country, so who knows what the law is in that country. Does the contract have a jurisdiction clause?

    Practical answer: if the company is overseas, what are they going to do about it in Australia? Just make sure you dont accept the package or, if its left, tell the company its in your possession, unopened and they need to collect it.

    Other practical answer: the seller will never deal with you again. Is that an issue?

  • Wiadro on 25/02/2024 - 14:24
    +5

    Breach of Contract????
    from an overseas country?

    no such thing

  • 7ekn00 on 25/02/2024 - 14:36
    +1

    Imagine not knowing international deliveries of any nature incur random customs delays :/

    Lesson worth learning for the low price of a risk of legal action from a global corporation ;)

  • Typical16-bitEnjoyer on 25/02/2024 - 14:37
    +1

    How many days have passed since you initiated the chargeback?

    If less than 15, then the chargeback will probably get reversed on you.

  • Tee Rex Arms on 25/02/2024 - 14:38
    +1

    Yeah YOU breaching their terms and conditions.

  • subwoofer on 25/02/2024 - 15:31
    +1

    if you did a chargeback and got your money back then you can't keep the goods, the right thing to do is to return the goods

  • Brick Tamland on 25/02/2024 - 15:33
    +7

    Personally, I'd never order anything from overseas if timeliness was crucial. I think you are being a bit unfair.

    • JimmyF on 25/02/2024 - 16:08
      +1

      I kept reminding the vendor that if the shipping date of February 16 was not kept, then this is not suitable for me.

      So when did it ship? When did you need it by?

      As shipping on the 16th, doesn't mean it will arrive on the 16th in Australia.

      • DukeNinja on 25/02/2024 - 16:11
        -2

        Item was shipped on the 23rd.

    • 7ekn00 on 25/02/2024 - 16:22
      +5

      Ah, same level of entitlement as every other coffee snob :P

      Carry on, enjoy the headache when the merchant challenges the banks reversal and it's taken out of your account anyway ;)

      • Typical16-bitEnjoyer on 26/02/2024 - 10:39

        Funniest bit is, that product is available cheaper, locally from 2 different specialist (non snobby) coffee retailers.

        OP has self owned themselves twice now.

    • rumblytangara on 25/02/2024 - 19:24
      +1

      This is a brilliant example of why you do not order time critical components from online stores in other countries. If it was a serious B2B operation with a retail outlet like RS Online, you could probably depend on their internal logistics but not their carriers or customs. But not from some hobbyist niche store that sells coffee equipment.

      As you indicated, this was available locally, but you still decided to chance it with international shipping and potential customs delays.

      You took a punt on delivery, presumably to save a handful of dollars. Then had a hissy fit when your punt didn't work out.

      And all for a bloody coffee grinder? Talk about first world problems and entitlement.

  • hasher22 on 25/02/2024 - 15:46
    +3

    You didn't sign a contract nor agreed to a contract on purchase of sale. You accepted the terms and conditions.

    Reject the parcel and it should return to sender by default.

    But I am discombobulated you filed a chargeback after 1 day and I am even more discombobulated that the bank accepted your chargeback without researching on the tracking number to see where it's at.

    I am further, more discombobulated that you trusted an international company with a 3 day delivery turn around time without giving it a day or 2 leeway (or even more) if shipping delays happen, especially if customs holds it and open it up before releasing it to you….

    • JimmyF on 25/02/2024 - 16:12
      +2

      You didn't sign a contract nor agreed to a contract on purchase of sale. You accepted the terms and conditions.

      Same thing, you accepted the terms by ordering.

      But I am discombobulated you filed a chargeback after 1 day and I am even more discombobulated that the bank accepted your chargeback without researching on the tracking number to see where it's at.

      Banks always 'agree' with your chargeback and then seek the seller to disupte it. OP might find their money disappears again when the seller proves they ordered it and it was delivered.

      I am further, more discombobulated that you trusted an international company with a 3 day delivery turn around time without giving it a day or 2 leeway (or even more) if shipping delays happen, especially if customs holds it and open it up before releasing it to you….

      OP sounds like they are a storm in a teacup. If you want it fast, you always buy locally and pay the extra. Website was pretty clear, items not shipping until the 16th.

    • freefall101 on 25/02/2024 - 16:17

      Depending on what OP requested and the banks involved, it's likely the vendor will now apply to reverse the chargeback. The merchant bank approved it without much question by the sounds of it, but there's still an appeal process from that considering they can show that it shipped.

      They'd be asking OP to just reverse it because chargeback reversals still cost them and can put a black mark against them with CC companies. But for a $500 item, they'll likely do it.

    • DukeNinja on 25/02/2024 - 16:39
      -1

      "But I am discombobulated you filed a chargeback after 1 day and I am even more discombobulated that the bank accepted your chargeback without researching on the tracking number to see where it's at."

      I provided the bank with a conversation history with DHL that confirmed the item had yet to be shipped days after the advertised ship date.

      • JimmyF on 25/02/2024 - 17:49
        +2

        I provided the bank with a conversation history with DHL that confirmed the item had yet to be shipped days after the advertised ship date.

        Didn't know delayed shipping was a chargeback option ;)

      • Typical16-bitEnjoyer on 26/02/2024 - 10:42

        You've just confirmed it's less than 15 days. Vendor still in the Visa/MasterCard timeframe to contest. All they need to do is send delivery tracking and the charge back gets reversed.

        What an utter waste of everyone's time.

  • GordonD on 25/02/2024 - 16:16
    +5

    Wow, all that fuss about a coffee grinder arriving a couple of days late.

    I could understand if it was a medical device essential to keeping someone alive. Or a manufacturing tool that was required for a job you'd committed to having done by a specific date.

    You couldn't get by without your caffeine fix for that long?

    (Actually I'm astounded that someone would pay that much for a coffee grinder.)

    • 7ekn00 on 25/02/2024 - 16:25

      Actually I'm astounded that someone would pay that much for a coffee grinder.

      Same!! You haven't seen anything yet, most entitled coffee snobs deem this the lower end!!

    • kiitos on 26/02/2024 - 08:05

      a medical device essential to keeping someone alive

      Some would argue a coffee grinder fits this definition.

  • freefall101 on 25/02/2024 - 16:26
    +1

    The vendor asks that I cancel the chargeback. I decline and remind them that the item was not sent in a timely fashion. The vendor refers me to their T&C which states: "no cancellations, no chargebacks, no disputes allowed". They stated I should pay for P&P to send it back and sort of implied legal action.

    What are you actually planning on doing here? Because if you're not going to send it back, and you're not going to reverse the chargeback, that doesn't leave many options that aren't illegal in some manner.

  • DukeNinja on 25/02/2024 - 16:34
    -5

    Thank you all for your contributions. It is interesting that many of you chose to pass judgement and make assumptions of my "snobbishness" etc.

    My intention is to ensure the vendor gets their product back, which is why I asked them to cancel the delivery as soon as I got notification from DHL. I had asked for them to provide me with a return label so that I may return it to them.

    Regardless of what one purchases whether it be a medical device, an essential piece of equipment or a non-essential item of luxury, I would expect any vendor to treat that sale with the same level of professionalism.

    Anyhow, thank you again for your input.

    • JimmyF on 25/02/2024 - 17:53
      +1

      Regardless of what one purchases whether it be a medical device, an essential piece of equipment or a non-essential item of luxury, I would expect any vendor to treat that sale with the same level of professionalism.

      Delays happen, the item is going to arrive 1 week later than you first thought based on it was shipped 7 days later than planned.

      Not really 'world' ending delay for a coffee grinder.

    • DoctorCalculon on 25/02/2024 - 22:24
      +1

      FFS, dude!

      If you have received the product, and it is in the brand new condition as advertised by the seller, then cancel your chrage back and just keep the item.

      Or, do you simply enjoy creating drama?

      Or, did you just have a change of mind, and you are making the Seller suffer by using the delays in shipping as an excuse?

  • EightImmortals on 25/02/2024 - 16:40
    +1

    So you went through all that hassle just to save $32?

    https://alternativebrewing.com.au/products/coffee-tech-df64-…

    • DukeNinja on 25/02/2024 - 16:41

      No, the item was the Gen 2 @ $990.

      • kiitos on 26/02/2024 - 08:03
        +2

        Link? I'm not in a hurry.

      • Typical16-bitEnjoyer on 26/02/2024 - 10:45

        Link? I am in a hurry (like OP)

  • robbyjones on 25/02/2024 - 17:19
    +3

    Mate, just reverse the charge, accept delivery and on sell. You will have no trouble getting your money back if it is indeed a Gen 2 you bought at that price.

    • JimmyF on 25/02/2024 - 17:55
      +3

      Agreed…. But that is assuming the OP has even purchased another unit in this time frame and it has arrived!

      Can't see what all the fuss is about, the coffee grinder was shipped 1 week later than they thought it would ship. Certainly a storm in a coffee cup over a 1 week delay.

      • dtc on 25/02/2024 - 21:26

        Have you ever gone a week without coffee…

        (joking before anyone ozbargain-splains how you can buy coffee at a cafe)

        • JimmyF on 26/02/2024 - 09:28

          Have you ever gone a week without coffee…

          Oh its tough indeed…. But I assume that as the OP did a pre-order and was happy for wait 2 weeks before it was shipped, they had a backup grinder etc. So a extra week shouldn't really be world ending.

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