Ordered item to wrong address and wasn't allowed to cancel

metronome

I bought an item online for £30 with a credit card however I didn't notice it was going to be sent to an old address.

Their website did not allow me to change my address or did the cancellation page allow me to revoke the order. I then sent them an email to request cancellation a few minutes after the order at 22:45pm. They replied to me at 10.45 the next day and advised that the item had been prepared for delivery at that there was nothing they could do. I then got a dispatch email at 12am the next day.

They have since advised me that they were unable to recalll the delivery of the item and it looks like whomever is at the property as accepted it. The retailer said they will refund the order but I have to recover the item.

So what are my rights over this? As I understand I have a right to cancel, however if I have tried to enforce that before the goods have been recieved whom does the obligation to return the goods lie with?

Darksun

Have you tried going round to the old property and asking if they've taken delivery of the parcel?

Ivory_Tinkler

Bit of a tricky one really - the DSR's do give you the right to cancel an order but I don't know how this would be affected as you had asked for the goods to be delivered to the wrong address. As Darksun says, you need to go round to the old property and see if you can recover the order before wondering what to do next!

metronome

Sadly im not able to go round to the property as it's no where near me.

Even if I set it up to the wrong address I still have the right to cancel the contract. If they refuse to refund the money, how would I contact my bank to reverse the transaction or at least refer this to something like OFT for investigation?

vikingaero

metronome wrote: »

Sadly im not able to go round to the property as it's no where near me.

Even if I set it up to the wrong address I still have the right to cancel the contract.

But you would have to arrange for the return of the item.

If they refuse to refund the money, how would I contact my bank to reverse the transaction or at least refer this to something like OFT for investigation?

Pick up the phone to your bank. OFT wouldn't be interested in one small case.

Darksun

metronome wrote: »

Sadly im not able to go round to the property as it's no where near me.

Even if I set it up to the wrong address I still have the right to cancel the contract. If they refuse to refund the money, how would I contact my bank to reverse the transaction or at least refer this to something like OFT for investigation?

You only have a right to refund if you can return the goods. I mean, you can't really expect them to be down on their money AND their goods, especially since you admit it was your mistake.

Do you have any way of contacting the people now living at your old address? Ask them if they can arrange for the product to be sent back, at your cost of course.

The company have done absolutely nothing wrong, so the OFT are not going to be interested.

napoleon1821

Unfortunately, I can't see how you can get your money back without returning the goods. The company completed their side of the contract to deliver the requested goods to the requested address, so it's only fair that they receive the payment.

I'm not blaming you when I say the above because I have often entered incorrect addresses when ordering goods and have had similar problems!

Peter.

IAmTheOne

Can't you write a letter or something to them and ask them to send you the parcel? I guess it depends on how nice these people are.

~Iamtheone

DVardysShadow

napoleon1821 wrote: »

Unfortunately, I can't see how you can get your money back without returning the goods. The company completed their side of the contract to deliver the requested goods to the requested address, so it's only fair that they receive the payment.

I'm not blaming you when I say the above because I have often entered incorrect addresses when ordering goods and have had similar problems!

Peter.

However, the supplier's processes are at fault here, so the contract is not all that secure

neilmcl

Darksun wrote: »

You only have a right to refund if you can return the goods. I mean, you can't really expect them to be down on their money AND their goods, especially since you admit it was your mistake.

Do you have any way of contacting the people now living at your old address? Ask them if they can arrange for the product to be sent back, at your cost of course.

The company have done absolutely nothing wrong, so the OFT are not going to be interested.

That's actually not correct. Under the DSRs the buyer has an unconditional right to cancel and refund. Yes he has a responsibility to take reasonable care of the goods and return them but this has no bearing and the seller cannot withold the refund because of this. They would have to take a separate action to recover their losses.

metronome

I think I'll phone up the credit card company and see what they say, as pixmania aren't backing down and they apparently have instructed the courior to leave the package at the address which doesn't seem like best practise to me..