Emailed to cancel order but still sent the goods and charged

lindseykim13

I emailed Harrods over a week ago to say that i wanted to cancel my order as they were out of stock on 3 out of the 4 items i'd ordered. (yes the ralf lauren shirts glitch for those that remember)
I then heard nothing more until yesterday when i get a dispatch email and a delivery within a few hours.
I was a little annoyed so emailed again and they say due to a technical problem they didn't get my email. They can't cancel my order anymore and all i can do is return for a refund of the goods. The delivery charge was the rip off not the goods!
I know it's win some loose some with the glitchy offers but i cancelled my order more than a week ago but they still think it's ok to send and charge me for something i cancelled. Even if i hadn't cancelled taking 2 weeks to deliver something small is poor.

4743hudsonj

If you ordered them in the first place do you not still want them?

Anyways you can notify you wish to return them under the distance selling regs for a full refund including postage for up to 7 working days from the day after delivery. Return postage may be at your cost if the T&C's on the website tell you this.

lindseykim13

Great thanks, no i wouldn't have ordered just the 1 things as the delivery charge was 4.95 making it not worth it. You've been more helpfull than the cust services who just said i can't cancel as it's been delivered!

forgotmyname

Can you not just refuse the delivery when they arrive?

4743hudsonj

lindseykim13 wrote: »

Great thanks, no i wouldn't have ordered just the 1 things as the delivery charge was 4.95 making it not worth it. You've been more helpfull than the cust services who just said i can't cancel as it's been delivered!

Making statements like that are restrictions to your statutory rights and technically an offence. Make sure they know about this

This is the Office Of Fair Tradings guide to businesses on the distance selling regulations

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf;jsessionid=639BE5606758415885D300621D15F4A4

Page 17-18 has the basic rights of cancellations

Page 22 relates to cancellation before delivery

22-23 to goods that do not apply to dsr (not important in your case bug handy to remember)

Page 25 onwards relates to refunds, (what and when)

lindseykim13

well low and behold they have only refunded me the item price and have ignored my email stating that i want the delivery charge refunded under dsr's. What can i do now?

unholyangel

You could try directing them towards the appropriate regulation in the DSR's stating you are entitled to a FULL refund.

If they're not willing to help you could report them to OFT/Trading Standards.

woody01

unholyangel wrote: »

You could try directing them towards the appropriate regulation in the DSR's stating you are entitled to a FULL refund.

If they're not willing to help you could report them to OFT/Trading Standards.

Wrong im afraid.
If something is returned under DSR, then the retailer DOES NOT have to refund the delivery charges.

unholyangel

woody01 wrote: »

Wrong im afraid.
If something is returned under DSR, then the retailer DOES NOT have to refund the delivery charges.

Getting your money back
Under the distance selling regulations, you are quite within your rights to change your mind at any time within the first seven days, return the goods and get a full refund. This means without financial penalty of any kind – such as a cancellation charge or a ‘restocking’ fee. The supplier must also refund any delivery charges paid by you, and any other costs related to the contract.

You may be required to pay to return the goods, but you must have been informed of this as part of the pre-contractual information.

Also, if they're not supposed to refund delivery charges, why on earth is it being reported that next (and several other companies) have been breaking consumer law?
http://news.bbc.co.uk/1/hi/business/10566512.stm

and also from http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft913.pdf
the DSRs give consumers an unconditional right to cancel a contract and legally oblige you to refund all sums due in relation to the contract, this means the full price of the goods, or deposit or prepayment made including the cost of the delivery

OlliesDad

woody01 wrote: »

Wrong im afraid.
If something is returned under DSR, then the retailer DOES NOT have to refund the delivery charges.

Wow Woody01, you have proved once again that you have no idea what you are talking about.

The only charge they don't have to pay is return postage if they advised prior to the contract being formed in a durable format.

lindseykim13

this is the thing i paid for return postage even though i cancelled a whole week before they despatched. It is their fault that they sent it and i've had to pay out to return it. Fair enough if i had given them less notice. But a whole week and they have charged me 4.95 (infact i've just double checked 5.95!) postage and i've paid out 1.51 to return something i'd ask them to cancel just to get a measly 2.25 refunded!
So out of 8.40+1.51return post-2.25refund=£7.76 wasted!