Cancelled order but still charged

KierNet

First of all, I'm sorry if this is in the wrong place, seemed the best place!

On Xmas day, I ordered a book from WaterStones online, on the 27th I cancelled the order from 'my accounts' page, didn't have any problems with that, once I clicked 'cancel' the order was removed from my orders.

On the 28th I got a email from them stating that my book had been posted, I logged onto internet banking and noticed that they had taken the money from my account on the 27th, not sure what time though, but cancelled the order around midday.

I sent a email asking how I go about getting a refund, for postage both ways, as are far as I was concerned I cancelled the order.

I got this reply today.

I regret to inform you that at the time you attempted to cancel your order online, the item was in stock and had already been charged and packed awaiting collection from the courier service. Once payment has been taken the items unfortunately cannot be cancelled.

Is there anything I'm able to do? If it was too late to cancel the order, why did I have the option to, and it not appear in my orders page?

Any help would be great!

nearlyrich

You can return it under DSR but I think you will be liable for the postage to you, if you have a local store take it there to avoid postage charges back...they usually give you a couple of hours max to change the order.

KierNet

Thanks!

Just phoned the help line as its easier than emailing, and they've said if I return the book to them with a covering letter, they'll refund the postage there and back .

derrick

KierNet wrote: »

Thanks!

Just phoned the help line as its easier than emailing, and they've said if I return the book to them with a covering letter, they'll refund the postage there and back .

"Quote:
I regret to inform you that at the time you attempted to cancel your order online, the item was in stock and had already been charged and packed awaiting collection from the courier service. Once payment has been taken the items unfortunately cannot be cancelled."



You might also want to remind them about their legal obligations under DSR

[FONT=&quot]OFTs BUSINESS GUIDE TO DSR [/FONT]

From 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."




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KierNet

Brilliant! Thanks...might put that in my cover note to them when I return the book!

Googlewhacker

derrick wrote: »

"Quote:
I regret to inform you that at the time you attempted to cancel your order online, the item was in stock and had already been charged and packed awaiting collection from the courier service. Once payment has been taken the items unfortunately cannot be cancelled."



You might also want to remind them about their legal obligations under DSR

[FONT=&quot]OFTs BUSINESS GUIDE TO DSR [/FONT]

From 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."




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Does that cover delivery back though, it could be read as just the delivery charge to the OP and not the costs involved getting it back (unless not stated on the website)

derrick

derrick wrote: »

You might also want to remind them about their legal obligations under DSR

[FONT=&quot]OFTs BUSINESS GUIDE TO DSR [/FONT]

From 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.".

Googlewhacker wrote: »

Does that cover delivery back though, it could be read as just the delivery charge to the OP and not the costs involved getting it back (unless not stated on the website)

Never having had to test it, I cannot be sure, but my red highlighting strongly suggests p&p both ways, as it is plural for delivery charges, and as there is no breach of contract all monies should be refunded.

From my link above;-

3.23 Where the DSRs give consumers the right to cancel an order, this right is unconditional and begins from the moment the contract is concluded. Unlike when buying from a shop, the first time that a consumer will typically have an opportunity to examine goods purchased by distance means is when they receive them. The DSRs give consumers who buy by distance means more rights than consumers who shop in person. When a distance consumer cancels a contract to which the cancellation provisions apply they are entitled to a refund of any money they have paid in relation to the contract even if the goods are not defective in any way. Please also see paragraph 3.46 for further information.

What specifically do I have to refund to the consumer if they cancel?
3.48 The DSRs require you to refund any money paid by or on behalf of the consumer in relation to the contract to the person who made the payment. This means the full price of the goods, or deposit or pre- payment made including the cost of delivery. The essence of, distance selling is that consumers buy from home and receive goods at home. In these circumstances, almost every case of home shopping will involve delivery of the goods ordered and so delivery forms an essential part of the contract.


Also from Legislation.gov.uk;-

My highlighting in this quote IMO says the contract never existed so the consumer should pay no money;-
(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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