Order from PosyBoquets not recieved (Ordered via Wowcher)

We had despatched your order and as it was by royal mail first class so we cannot track your parcel. We are happy to resend you the hamper but if you will pay for track delivery because you can have this problem again and we cannot take risk of that claim again.

Thanks

No I would like a refund as the occasion has passed now and does not have the same affect, I have been let down by you.

I requested it to be delivered on Monday which you have failed to do and have reasonable doubt that you had only actually sent out the flowers after I had contacted you and wowcher and on facebook Monday

I would therefore like to seak a refund from your self for the postage and if possible the amount I paid for the flowers, other wise I will seek this through Wowcher who I will also contact.

Please note that should you not give me a refund within a reasonable amount of time I will contact trading standards (like many of your customers have done so and posted it on Facebook. I shell also contact my bank to seek a refund on my behalf should you not refund me.

Regards

Regards

Please note, when I contacted Wowcher you were asked to ensure that they are included in all messages which you have failed to do.

As you are refusing to give me a refund I shall give you one last chance before contacting Trading Standards and taking this to the Small Claims Court.

As a seller, I hope that you have read and understood the Distance Selling Regulations which by law in England you are obliged to follow other wise you are breaking the law.

Please note that a part of the Distance Selling Regulations, it states that the customer (my self) should expect to receive the goods is 30 days from the date that you received my order unless a date has been agreed. On your site, I selected February 16th to be the date at which the item be delivered which so far you have failed to deliver. Royal Mail state that should a First Class package fail to be delivered after 10 working dates then it is to be assumed lost. As you have emailed me to state that the package was sent out on Monday 16th February, you have 10 working days from that date (until 28th February 2015) to ensure that the package is delivered. As a seller it i your responsibility to ensure that the package is delivered within a reasonable time frame and that the customer receives it.

Please refer to this: [Link removed as I cannot post links] Time delivery of goods

Please note that section states:
you fail to deliver within the agreed time and it is clear from the circumstances, or from what the consumer has told you, that this agreed time was essential
the consumer has specified an appropriate delivery period, which you fail to meet
Note that in previous corresponce with you, I have stated it is for a special occasion and this occasion has not past. Please also note that I have specified an appropriate delivery period which you have failed to meet.
Please also refer to Passing of risk:
Unless a consumer arranges their own carrier, the goods that you deliver to him remain at your risk until they come into the physical possession of the consumer or the person that they ask you to deliver the goods to. Therefore if your carrier fails to deliver the goods, or delivers them to the wrong address, this is your responsibility and not the consumer's. If you do not rectify this you may be liable for a claim for late delivery.

If the consumer uses their own carrier, you cease to be responsible for the goods once the carrier receives them.

If you fail to give me a refund then you are as you are currently, in breach of contract and should I contact Trading standards then they can take further action should you continue to fail to regulations:
If you fail to comply with the Regulations, in addition to remedies available to consumers for breach of contract, trading standards services may be able to seek an injunction from a court to secure compliance.

As we have entered a contract from me ordering goods with you, I wish to cancel the contract and are eligible for a full money back refund under the Distance Selling Regulations:

14 days, starting the day after the day on which the goods come into the physical possession of the consumer or the person that she asks you to deliver the goods to

So far the items have failed to come into my physical possession and as mentioned previously it is still your responsibility until they come into my possession. As it has still not come into my possession I am still within the cancellation period I wish to cancel the contract and expect a refund within a reasonable amount of time.

Regards