Distance Selling Regs - Question

cubegame

Good evening.

My OH placed an order with Next and now wants to cancel. However, she was told this wasn't possible. The order has not shipped yet but surely she has right to cancel under DSR. Otherwise she will incur a shipping cost.

Thanks in advance for your replies.

4743hudsonj

cubegame wrote: »

Good evening.

My OH placed an order with Next and now wants to cancel. However, she was told this wasn't possible. The order has not shipped yet but surely she has right to cancel under DSR. Otherwise she will incur a shipping cost.

Thanks in advance for your replies.

Yes they can cancel te order now but may still incur the return delivery fees anyways (the fee will be used to pay for and admin really) so it doesnt matter too much.

deanos

You are entitled to the P+P back under the DSR (IIRC) , next offer free returns so not sure they would charge for return postage, very unlikely if you just refuse delivery.

neilmcl

deanos wrote: »

You are entitled to the P+P back under the DSR (IIRC) , next offer free returns so not sure they would charge for return postage, very unlikely if you just refuse delivery.

There's a possibility that the courier would make an additional charge to Next for a refused delivery & return which means that they would be allowed to recoup this cost from the OP. If, as you say, Next do free returns then the OP should just wait until it arrives and then send it back.

roger196

Have a look at para 10 and 11 of SI 2334 of 2000. If I have read these correctly your right to cancel starts when you made the contract and ends seven days after delivery of the goods.

bingo_bango

Almost right roger. You have up to 7 WORKING days, starting the day following delivery.

I'm a little concerned about the T's & C's Next apply.

You may return any item free of charge within 10 days of receipt, in a new and unused condition

No mention of the 7 working days (what happens if they close for a week over Christmas), and DSR does not stipulate that you cannot use the item while you have it. You have a duty to take care of it, but that doesn't mean you can't use it.

If you return the whole order we will not refund the delivery charge of £3.95 as this part of our service to you has been completed.

Under DSR's they cannot withold this. A refund means exactly that, and that includes a delivery charge if paid.

Returns are charged at £2.50 unless you are returning to the store. (If you return the whole order, we will retain the delivery charge of £3.95). Simply call 0844 844 8000 to arrange for your courier to collect the items from your home. Items left for the courier to collect are at your own risk. To return by post contact 0844 477 4874 and we will send you a pre-paid label. Any charges will be deducted from your credit/debit card prior to any refund.

The same issue applies here, where they are witholding an amount if you pay by a certain method. Technically they could justify this I suspect (see reason below) but I would query this with them.

They can of course specify a charge for return delivery, so any refund requested UNDER DSR should be a whole and total refund if this clause isn't there or doesn't apply.

That said, it may be easier for OP to simply get it and then send it back. Depends what works out cheaper for them.

The_Pedant

I would still expect Next to minimise their costs by not dispatching the item.

It could just be that the item is in the process of being dispatched and it is not possible to easily track the item down (i.e. it has been packaged but is awaiting sorting for final dispatch etc).

As far as I'm aware, if a company receives a cancellation to a contract, they have a duty to minimise their costs. This principle applied even before the DSR came into effect, back in the days when it would have been deemed a breach of contract..

If I gave them due notice prior to goods being dispatched then I would expect them to take reasonable steps to minimise costs by not actually dispatching said item. I would therefore dispute any attempt to charge for delivery some time after the cancellation (e.g. a week later).

In addition to this, do their terms have the usual clause that a contract is not formed until dispatch of the goods? If you cancel before dispatch then no contract ever existed, ergo, how can they later decide to try and charge you for it?? (I'm not sure I've come across that idea before - anyone got any thoughts on the merits of such an argument??)

derrick

There should be no costs incurred by the OP, see page 22 of OFTs BUSINESS GUIDE TO DSR

“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."


See also DSR Statutory Instrument 2000 No. 2334

"Section 10
(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."



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mad-mark_2

Cubegame, please let us know the outcome of this, as I've recently had a dispute with a company not following the DSRs (and posting Ts&Cs that are in breach of the DSrs) and ended up reporting them to Trading Standards via the Consumer Direct website.

All the advice above seems spot on, and if you stick to your guns you should pay nothing. But I bet they eventually back down stating that they are doing it as a "good will gesture" - which makes me angry!

adviceforall

neilmcl wrote: »

There's a possibility that the courier would make an additional charge to Next for a refused delivery & return which means that they would be allowed to recoup this cost from the OP. If, as you say, Next do free returns then the OP should just wait until it arrives and then send it back.

As a past courier for parcelnet (now Hermes) couriers only get a set fee ( used to be 40/45p) for delivering a Next parcel, if its refused you would get the one amount, the courier would not deal with Next direct

might have changed now as not worked for them for a while..