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Is this right?
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GoatBoy_2
Posts: 20 Forumite
Hi, on Saturday I ordered a custom gaming pc from a uk company. On Sunday I had second thoughts and emailed them saying I wanted to cancel the order and wait until I had more money to buy a better machine. (The shop isn't open over the weekend.)
Today they emailed me saying they would cancel it but charge me a £50 (5%) cancellation fee. I asked if i could be refunded in full since no work had been started and they said they had to cover their merchant fees.
I looked up the sage pay fees for a debit card payment and as far as I can see it is 50p.
Can anyone tell me where I stand with this as £50 seems a lot for just refunding money.
UPDATE: They are now saying their merchant fees far exceed 50p charged by sage pay. They said it it actually exceeds £50. Can this be right?
Today they emailed me saying they would cancel it but charge me a £50 (5%) cancellation fee. I asked if i could be refunded in full since no work had been started and they said they had to cover their merchant fees.
I looked up the sage pay fees for a debit card payment and as far as I can see it is 50p.
Can anyone tell me where I stand with this as £50 seems a lot for just refunding money.
UPDATE: They are now saying their merchant fees far exceed 50p charged by sage pay. They said it it actually exceeds £50. Can this be right?
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I'm assuming you ordered instore as opposed to online? If so you have no rights to cancel anyway, so you'd be breaching the contract which means they can keep proovable losses. If online you can cancel without penalty.
I can't imagine provable losses being much, but may also include an administration fee to cover their wasted time.0 -
Thanks for the quick response. No I ordered online. But the fact that it is a custom machine may affect it. On the other hand the fact that no work has been started on it should give me some leeway should it not?0
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If the custom PC was to the OPs spec then it is a customised item and there would be no right to cancelIf online you can cancel without penalty..This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0 -
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Not necessarily.
If op was given a choice of components for the custom built machine then it isn't necessarily personalised and therefore DSRs will apply.
The way it worked was on their site there was a specific spec of computer. Once you selected this you could then choose to upgrade some of the components.All I did was upgrade the graphics card and changed the colour of the led fans.0 -
That's choosing from available options, NOT customising. Therefore DSRs do apply.
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The Office of Fair Trading seems to disagree with you.If the custom PC was to the OPs spec then it is a customised item and there would be no right to cancel
Page 22 of the OFT's Guide to the DSRs tells us...Instances where cancellation rights do not apply (Regulation 13)
Can consumers cancel an order in any circumstances?
3.38 Unless you have agreed that they can, your consumers cannot cancel if the order is for:- the supply of goods made to the consumer’s own specification such as custom-made blinds or curtains. But this exception does not apply to upgrade options such as choosing alloy wheels when buying a car; or opting for add-on memory or choosing a combination of standard-off-the shelf components when ordering a PC, for example
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Custom goods are exempt from the DSRs, but I'm pretty sure that I read that customised computers were not considered "custom" under the DSRs as they are made up of standard components.
Here's a quotation from the OFT's Short Guide to Businesses on Distance Selling:Unless you have agreed that they can, your consumers cannot cancel if the order is for:- the supply of goods made to the consumer’s own specification such as custom-made blinds or curtains. This exception does not apply to upgrade options such as choosing alloy wheels when buying a car, or a combination of standard-off-the shelf components when ordering a PC
So I'd insist on a FULL refund (including postage costs).0 -
The way it worked was on their site there was a specific spec of computer. Once you selected this you could then choose to upgrade some of the components.All I did was upgrade the graphics card and changed the colour of the led fans.
Yes, as said, DSRs do apply.
You have the unconditional right to cancel upto 7 working days after the date of receiving the goods.
They can not charge a restocking fee, they must refund the full purchase price including original postage. They can insist you pay return postage -- but thats not applicable here.
Send them a letter or email (anything in writing) explicitly stating you wish to cancel your order with immediate affect under Distance Selling Regulations and remind them of their obligation to refund monies paid within 30 days.
More info here: http://www.out-law.com/page-4300
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