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  • FIRST POST
    • 85 East
    • By 85 East 10th Oct 17, 10:19 AM
    • 19Posts
    • 43Thanks
    85 East
    Online order cancellation charge prior to dispatch?
    • #1
    • 10th Oct 17, 10:19 AM
    Online order cancellation charge prior to dispatch? 10th Oct 17 at 10:19 AM
    I've got an online order showing as 'processing' with Builder Depot as a private customer (not business). I enquired about cancelling the order and have been told there is a 'cancellation charge of £40 + VAT' for cancelling the order. Their T&Cs make no mention of this -
    'You can cancel any on-line order (excluding bespoke or made to measure products) and receive a full refund (including standard delivery charges) by e-mailing info@builderdepot.co.uk (including order number, post code and telephone number) or by post to Returns, Builder Depot Limited, Station Road, New Southgate, London N11 1QJ at any time before the product is dispatched.’

    '(b) Acceptance of your order will occur when we dispatch the goods you have ordered.'

    There is mention of a collection charge for returns, however as far as I can see this is not applicable here as the order hasn't been dispatched (nor according to their T&C's accepted by them). According to them the order is being dispatched direct from the manufacturer, but it is not bespoke nor made to measure, and it was their choice to dispatch from the manufacturer, not mine.

    Are they right to charge a cancellation fee?
Page 1
    • societys child
    • By societys child 10th Oct 17, 11:30 AM
    • 4,691 Posts
    • 5,068 Thanks
    societys child
    • #2
    • 10th Oct 17, 11:30 AM
    • #2
    • 10th Oct 17, 11:30 AM
    You can cancel any on-line order (excluding bespoke or made to measure products) and receive a full refund
    What did they say when you quoted the above at them?

    • dj1471
    • By dj1471 10th Oct 17, 1:45 PM
    • 874 Posts
    • 575 Thanks
    dj1471
    • #3
    • 10th Oct 17, 1:45 PM
    • #3
    • 10th Oct 17, 1:45 PM
    If acceptance doesn't happen until dispatch they can't possibly charge a cancellation fee because no contract exists.

    After dispatch, assuming you ordered as an individual for personal use, the CCRs allow you to cancel during the cooling off period for a full refund.
    • 85 East
    • By 85 East 10th Oct 17, 8:51 PM
    • 19 Posts
    • 43 Thanks
    85 East
    • #4
    • 10th Oct 17, 8:51 PM
    • #4
    • 10th Oct 17, 8:51 PM
    What did they say when you quoted the above at them?
    Originally posted by societys child
    Nothing, I've emailed a reminder asking for them to reply to my email but have had nothing back yet.

    If acceptance doesn't happen until dispatch they can't possibly charge a cancellation fee because no contract exists.

    After dispatch, assuming you ordered as an individual for personal use, the CCRs allow you to cancel during the cooling off period for a full refund.
    Originally posted by dj1471
    Yes, I'm keen to avoid having the item delivered and then having to return it as it is bulky, hence the reason for ordering online for delivery. My credit card has actually been charged for the order on the day of ordering, although dispatch hasn't happened- so this point about not acceptance being at dispatch is slightly confusing given the money has been taken.
    Ironically this all started as I wanted to add another item to the order- and avoid having to pay 2x large item delivery charges; however I'm now looking to get all the items elsewhere
    • KeithP
    • By KeithP 10th Oct 17, 9:50 PM
    • 3,994 Posts
    • 2,267 Thanks
    KeithP
    • #5
    • 10th Oct 17, 9:50 PM
    • #5
    • 10th Oct 17, 9:50 PM
    My credit card has actually been charged for the order on the day of ordering, although dispatch hasn't happened- so this point about not acceptance being at dispatch is slightly confusing given the money has been taken.
    Originally posted by 85 East
    There should be no confusion there.

    The two parties to a contract are free to choose when a contract is formed.

    As you appear to have agreed to their terms which say a contract is formed upon despatch, then that is what happens.

    Therefore, there is no contract in place until despatch, so no cancellation charge can be due because there is no contract to cancel before despatch.
    .
    • DoaM
    • By DoaM 11th Oct 17, 6:51 PM
    • 3,352 Posts
    • 3,395 Thanks
    DoaM
    • #6
    • 11th Oct 17, 6:51 PM
    • #6
    • 11th Oct 17, 6:51 PM
    Contact your card company and do a chargeback / section 75 claim? (No contract was entered therefore you're entitled to a full refund - including any delivery charge).
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
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