Distance selling/cancellation charge

cyclonebri1

A quick one if posible.

Situation;

I purchased a washing machine online last Friday, It was delivered on Saturday but I'd fallen asleep and the driver couldn't drop off (scuse the pun)

So I phoned today to get a redelivery.

I was told it would be next saturday and I would have to pay a £30 delivery charge, the original delivery was free.

I said in that case I wished to cancel, didn't mention distance selling regs etc

I was told they would refund minus £30 for the missed delivery anyway. It was listed as "free delivery"

I was also told all the details were on their website and stated clearly.

I'm now waiting for the manager to get back to me as he was unavailable at the time.

Now I checked back into the delivery conditions, it does state the redelivery fee but there is nothing at all about charging for non delivered cancellation if you follow.
I then realised why I hadn't read that initially, I'd gone through pricerunner, and the add in there dropped me straight in to the website at the item I was purchasing, I was able to check delivery, (which was within 24 hrs), and pay without visiting any other part of the site.

Anyone know where I stand legally?? Morally I'm in the wrong but the pennies matter

unholyangel

Under DSRs you can cancel and even refuse delivery and they cannot take this as breach of contract and must refund you in full and must not make any deductions to the refund.

The most they can require you to pay (if you have accepted delivery of the item/s) is the return delivery cost. However, they must have informed you of this in a durable medium (websites arent durable but email, letter,fax is) prior to the contract being concluded. If they havent, they would also be liable for return postage.

Have you informed them in writing of your intent to cancel? If not, it would be a good idea to do so.

However, just before you do.....are you planning to reorder from them or elsewhere? If you're planning to reorder, they do have the right to refuse acceptance of your order.

cyclonebri1

unholyangel wrote: »

Under DSRs you can cancel and even refuse delivery and they cannot take this as breach of contract and must refund you in full and must not make any deductions to the refund.

The most they can require you to pay (if you have accepted delivery of the item/s) is the return delivery cost. However, they must have informed you of this in a durable medium (websites arent durable but email, letter,fax is) prior to the contract being concluded. If they havent, they would also be liable for return postage.

Have you informed them in writing of your intent to cancel? If not, it would be a good idea to do so.

However, just before you do.....are you planning to reorder from them or elsewhere? If you're planning to reorder, they do have the right to refuse acceptance of your order.

To clarify

I didn't accept delivery as I was asleep

I phoned this morning to request redelivery

I was told it would cost £30

I said I wanted to cancel, still £30 off the refund

Refused to accept and asked for manager, still awaiting call.

The point in principle is that I argued they couldn't deduct £30 for a missed delivery that was FREE in the 1st instance?????

I will still accept redelivery but not at £30

They actually weren't the cheapest for this item but because I'd by passed the full delivery info which said standard delivery was 1 to 10 days, when I checked for earliest delivery it was given as saturday, the next day, simply because that was the 1 day per week that they delivered to my area, so I went with them.

unholyangel

You need to make a choice whether you're willing to pay for redelivery or whether you'd rather cancel. Just in case it comes down to that.

As i said, they are under no obligation to sell it to you if you reorder. But nor can they make any deductions from your refund. The only deduction they are permitted to make by law is the direct cost of recovering the goods but that does not apply here as you did not accept the goods.

You can cancel and get a 100% refund.

Doesnt matter whats on their website. Your statutory rights cannot be removed or limited by terms and conditions of any contract. Statutory law always wins.

cyclonebri1

Thankyou, that goes along with the little I've learned today, and my gut instinct.

What's peeving me now is that at 9 this morning I was promised a return call by the manager to resolve this. That hasn't happened so back on the phone. Their attitude will determine my next move.

Edited to add;


Well I supose that went as expected. Same story as this morning, no apology for not calling back, couldn't recall if anyone had told him or not blah blah blah.

Anyway I put the facts to him, gave apologies for not being able to take delivery and all I got was time after time being told that it clearly states I will be charged for redelivery and I will be refunded -£30 for failed delivery.

Brought the DSRegs into play and I genuinely think he was totally unaware of their scope. After the final time of telling me I was not getting a full refund as it clearly states on their website that......, I said in didn't matter 1 iota what they printed on their website, their operations over the net have to work within the legislation.

Anyway without actually swearing at me he told me I would get a full refund and he did not want my buiseness. So we'll see Thanks again