I'm a total idiot, help reference returning goods

Tanyastitches

I ordered a sewing machine online today, was stupid and paid by debit instead of credit card, I do know better.
Anyway have since found out that the company is extremely unreliable so I rang to cancel knowing that I have seven days where I can change my mind.
I placed the order at about 3pm today (Sunday) and rang at 22.15 to cancel, the chap I spoke to wasn't rude but I'm sure lied to me and then made me feel stupid, (like I didn't already for not checking them out)
He said to me that I would have to ring back on tuesday to cancel but that the machine would have already been dispatched. This means I would have to pay to send it back and wait a month to get my refund.
If he can take orders then I'm sure they can cancel orders. Can they dispatch something that quickly over a bank holiday?
Can I ring my bank and cancel the payment or will it be too late?
I was thinking that I could just refuse to accept the machine when it gets delivered, but in their terms they say you have to have a refund number which means I have to accept it.
Is there anything I can do?

Debt_Free_Chick

Is it worth waiting to see what happens? If they deliver and the machine is acceptable, you would have got what you wanted - yes?

I don't think it matters whether it's been despatched or not - you've placed an order and then changed your mind. Check the T&Cs, but I imagine that the contract was concluded when you placed the order - not when they despatch it. Under the Distance Selling Regs they can require you to stand the cost of returning the goods - but this should be stated in their T&Cs.

The seven day rule under the DSR is intended to give you an opportunity to inspect the goods, as you won't have been able to do so before placing an order. It was never intended to cover a situation where you simply change your mind before receiving the goods, so I can't see any "right" you can enforce - sorry.

Tanyastitches

The problem is this, I have never used a sewing machine so will have no idea whether everything is okay or not. The impression I got from other forum users is that they are unreliable when it comes to customer service, and can make things difficult.
You are right it may be okay, but I am just concerned that I will get problems after reading other peoples opinions.

4743hudsonj

never judge a book by its cover. i would wait, receive the goods and do whatever you were going to do with it. if a problem arises send it back, if its past the 7 days use the warrenty if there is one, and even then , when all else fails you have up to 6 years to rely upon the sales of goods act. So you have 3 forms of protection my friend, i wouldnt worry about losing card protection this one time. just coz it gets a few bad reviews doesn't mean theyre bad. they could have millions of happy customers. take currys as another example, you go to them thinking itll be ok but it turns out a nightmare for alot of people, your just in the opposite situation.

regards josh

Hailz86

Chances are that the order will be ok, but I do not think they would have dispatched so quickly over a bank holiday, the order will probably be processed tomorrow xx

bookworm1363

Lots of incorrect info here...

The DSR covers you regardless of whether you have changed your mind or haven't inspected the goods, that is irrelevant, so yes, you are totally within your right to cancel now. Furthermore, if they do send the goods and you send them back, it will be at their cost, which is a bit of an own goal.

I suggest you e-mail (NOT phone) and confirm you wish to cancel your order and demand immediate refund to your card (although it may be a few days because of Easter).

The very way you have been spoken to would indicate that your instinct is quite right, if they are willing to pressurise you into taking goods you have said you don't want any more, I wouldn't trust them one inch.

PS: Online contracts are usually formed on dispatch of goods, this to cover the retailer against mis-pricing etc.

Ivory_Tinkler

I agree with Bookworm - email the company to cancel your order. However, once you have cancelled, the company will have up to 30 days to make the refund so you won't be able to demand an immediate refund. In your email be sure to quote your rights under the distance selling regulations (that you have the right to cancel).

derrick

Debt_Free_Chick wrote: »

I don't think it matters whether it's been despatched or not - you've placed an order and then changed your mind. Check the T&Cs, but I imagine that the contract was concluded when you placed the order - not when they despatch it. Under the Distance Selling Regs they can require you to stand the cost of returning the goods - but this should be stated in their T&Cs.

The seven day rule under the DSR is intended to give you an opportunity to inspect the goods, as you won't have been able to do so before placing an order. It was never intended to cover a situation where you simply change your mind before receiving the goods, so I can't see any "right" you can enforce - sorry.

Totally wrong, the goods can be cancelled prior to delivery under DSR, (a companies T&Cs cannot take away statutory rights). The cancellation must be in writing including letter, fax or email; -

[FONT=&quot]http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf[/FONT]

PAGE 20
What must my consumers do if they want to cancel?
3.26 They must tell you in writing, or in another durable medium, if they
want to cancel. This includes letter, fax or email. A phone call is not
enough unless you say in your terms and conditions that you will
accept cancellations by phone.

From what date would the notice of cancellation become
effective?
3.27 The effective date for cancellations under the DSRs is the date on
which the consumer gives notice of cancellation to you. This ensures
that the consumer can take advantage of the full cancellation period
provided for in the DSRs.

PAGE 22
Can a consumer cancel an order before they receive the
goods or where goods are lost in transit?
3.35 Yes. Where the DSRs give consumers rights to cancel, this right is
unconditional. If consumers cancel before they have received the
goods you must refund the total price of the goods, including any
delivery charges. Consumers who have cancelled under the DSRs
may refuse to accept delivery of the goods. Refusal in such a
situation cannot be treated as a breach of contract.

If the OP was not told about return delivery costs prior to dispatch, they cannot charge them after dispatch/delivery; -

PAGE 27
Who pays for returning the goods if the consumer cancels
an order?
3.55 If you want the consumer to return the goods and to pay for that
return, you must make it clear in the contract and as part of the
required written information – see paragraph 3.10. If the consumer
then fails to return the goods, or sends them at your expense, you can charge them the
direct cost to you of the return, even if have already refunded the consumer’s money. You are not allowed to make any further charges, such as a restocking charge or an
administration charge.

Also HERE, Section 10 "Right to cancel"; - "2) Except as otherwise provided by these Regulations, the effect of a notice of cancellation is that the contract shall be treated as if it had not been made."

Also Section 11 "Cancellation period in the case of contracts for the supply of goods"



.

kiddy_guy

Confirm cancellation as above.

However simply refuse delivery of the item - this will stop you having to send it back!

Tanyastitches

That was what I was going to do but they have said that you need a returns number so they know that its you that has sent it back. (even if it does have your address on the front and on the invoice LOL)
I have emailed them twice now, with no response. I will just have to wait and see.
Thank you Derrick, Bookworm1363 and everyone else for your help.
I just can't believe I was so careless, I normally research everything.

derrick

Tanyastitches wrote: »

That was what I was going to do but they have said that you need a returns number so they know that its you that has sent it back. (even if it does have your address on the front and on the invoice LOL)
I have emailed them twice now, with no response. I will just have to wait and see.
Thank you Derrick, Bookworm1363 and everyone else for your help.
I just can't believe I was so careless, I normally research everything.

You do not need a returns number to cancel,(before delivery), under DSR, as you are cancelling before delivery/dispatch there will be nothing to return, just e-mail them and inform them, if they then send it you have confirmation that you cancelled and just refuse to accept, as I said above, their T&Cs cannot take away your statutory rights, in this case DSR! See my quote above; - Can a consumer cancel an order before they receive the goods or where goods are lost in transit?