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How long is online order valid for ?

Hi

I ordered an item online in April and it was out of stock. The company said in an email that they would keep trying for me and confirmed I had not been charged.

I have heard absolutely nothing since and two weeks ago purchased it from another retailer.

A few days ago they (the company I ordered from in April) emailed me to tell me they were dispatching the item and although I emailed them straight back to say I didn't want it, it has been delivered and payment taken from my account.

I know I should have cancelled the order but is it valid for ever ? Are there no time limits on withdrawing the payment for the goods so long after I authorised it ?

The reason I ask is that its going to cost a lot to return the item as it is so heavy and I have to bear the cost of return.

Any thoughts

Many thanks

Comments

  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 25 August 2011 at 6:42PM
    You ordered the item.
    They told you it would take some time to get it to you.
    You didn't object to the delay, or otherwise indicate that the delay was not acceptable.

    As far as the company is concerned, you still wanted the thing.

    How was the company to know any different?

    Yes, under Distance Selling Regulations you may well be responsible for the cost of return.

    Read the OFT's guide to the DSRs for more detail. You need to be quick.
  • claire111
    claire111 Posts: 286 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Thanks for your response.

    To clarify, when the company said the item was out of stock they also said they expected it back in stock in the next 10-14 days - end of April.

    After I emailed them to say I didn't want it they could possibly have contacted the courier and told them not to deliver.

    The courier delivered when I was out and asked my 8 year old son to sign for it.

    I will read your link and see if I can work out if an order is unfullfilled and not cancelled if it is valid for ever.

    Thanks
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    it's not valid forever, just until you cancel it ;)

    they cannot win either way, if they cancelled it and you still wanted it then they are in the wrong; if you don't cancel and they send it, they are in the wrong.

    Why would they call the courier and absorb the costs of having the item returned to them? If you didn't cancel the order then pay for the return yourself:)
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