M&S online delivery delays

ellielou_2

I ordered my daughters new school uniform from M&S online on 21st July.

Since I have received email after email saying there has been delays with my order. Neddless to say she's been back at school a week and I had to go to a store & buy the uniform.

I have tried to cancel the order and demand a refund within 7 days only to be told it can not be cancelled as the order 'has gone to far' but I can return to store for a refund once they arrive!!

I doubt they'll ever arrive, I have again received an email this morning confirming yet another delay & I expect to get a few more. They debited the money from my credit card on 22nd July, so they've had my money for 7 weeks & I have no goods.

Does anyone know my rights on this?

Hintza

You need to make a bit of a nuisance of yourself and get to speak to someone who can actually do something aout sorting it out ie probably not the first personyou speak too, keep climbing the ladder until until you find someone. Remain firm but polite otherwise they will just hang up on you.

neilmcl

Write back to them and confirm that your wish to cancel the order under the terms of the Distance Selling Regulations. You are entitled to do this anytime up to and 7 days after delivery. They will then have 30 days in which to refund you.

unholyangel

You have 7 working days to cancel the order once the contract has been completed.

As the goods have not been dispatched, the contract has not been concluded. See below:

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