Cancelling during the 7 day cooling off period

ganache

The retailer's website states that you must contact them, in writing, within seven working days to cancel the contract under the distance selling regulations.

But does that mean I have seven days in which to send off the letter irrespective of whether it reaches them in that time as long as I have proof of sending the it off?

Do I have to wait for the letter to reach them before I return it?

Should I expect their free returns policy to be the same for cancellations?

And lastly, I'm assuming Christmas Eve/Bank Holidays would not count as working days?

The information on their website doesn't specify these things and they are only contactable by email so I may have to wait a while for an answer.

Elle7

Christmas Eve isn't a bank holidays, but bank holidays would not be counted.

I believe they need to receive the letter within the 7 working days - so if you can't get it there in time, it might be worth seeing if you can notify them in a different way such as through email.

Cancellations aren't really the same as free returns, so it would depend on the T&Cs. If you post the website, people may know their policies?

Optimist

Cancel by email

wealdroam

Elle7 wrote: »

Christmas Eve isn't a bank holidays, but bank holidays would not be counted.

Absolutely right.

However, Christmas Eve this year (or rather, in 2011) was on a Saturday.

For the purposes of Distance Selling Regulations, Saturdays, Sundays and Public Holidays are not working days.

ganache

Elle7 wrote: »

Christmas Eve isn't a bank holidays, but bank holidays would not be counted.

I know it's not a bank holiday but I though that it, like new year's eve, sort of counted as a holiday due to places/businesses closing early/extra charges for deliveries that day - they work a bit like Saturdays which are not working days.

Elle7 wrote: »

I believe they need to receive the letter within the 7 working days - so if you can't get it there in time, it might be worth seeing if you can notify them in a different way such as through email.

I wonder if they would technically have to take notice of an email.

Cancellations aren't really the same as free returns, so it would depend on the T&Cs. If you post the website, people may know their policies?

Boohoo

Optimist wrote: »

Cancel by email

They say you must notify them in writing.

lateandlive

1. Yes they'll take notice of an email - unless they're a tiny company they've likely got a dedicated customer service team.

2. Notify them in writing? How else were you constructing the email?!

Optimist

ganache wrote: »

Email is writing and a perfectly legitimate way to cancel under the distance selling regs

ganache

Email is writing and a perfectly legitimate way to cancel under the distance selling regs

On the website they give the company address you should send the notification to:

"To cancel your contract, you must notify us in writing within the 7 day Cooling-Off Period to..."

And then they give a postal address. I got the impression you had to actually send a letter when cancelling rather than emailing?

unholyangel

ganache wrote: »

On the website they give the company address you should send the notification to:

"To cancel your contract, you must notify us in writing within the 7 day Cooling-Off Period to..."

And then they give a postal address. I got the impression you had to actually send a letter when cancelling rather than emailing?

10.—(1) Subject to regulation 13, if within the cancellation period set out in regulations 11 and 12, the consumer gives a notice of cancellation to the supplier, or any other person previously notified by the supplier to the consumer as a person to whom notice of cancellation may be given, the notice of cancellation shall operate to cancel the contract.

3) For the purposes of these Regulations, a notice of cancellation is a notice in writing or in another durable medium available and accessible to the supplier (or to the other person to whom it is given) which, however expressed, indicates the intention of the consumer to cancel the contract.

(4) A notice of cancellation given under this regulation by a consumer to a supplier or other person is to be treated as having been properly given if the consumer—

(a)leaves it at the address last known to the consumer and addressed to the supplier or other person by name (in which case it is to be taken to have been given on the day on which it was left);
(b)sends it by post to the address last known to the consumer and addressed to the supplier or other person by name (in which case, it is to be taken to have been given on the day on which it was posted);
(c)sends it by facsimile to the business facsimile number last known to the consumer (in which case it is to be taken to have been given on the day on which it is sent); or
(d)sends it by electronic mail, to the business electronic mail address last known to the consumer (in which case it is to be taken to have been given on the day on which it is sent).

arcon5

I'd recommend doing so via email, but if you do cancel by post, make sure you send it recorded.

ganache

I cancelled this order under the distance selling regulations in January.

I emailed the company back then and here is an excerpt of their response.

Please note that in order to cancel your Contract, you must return all the Products that were purchased on the order. You must take reasonable care of the Products that you wish to cancel and not use or wear them.

If you cancel your Contract within the 7 day Cooling-Off Period in accordance with Clause 3 of the Returns Policy and return to us all the Product(s) which are the subject of the Contract, we will refund the amount due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including a refund of the delivery charges for sending the item to you.

When the returns have been received by the warehouse you will receive an e-mail notification. A further e-mail confirmation will be sent once your refund has been processed.

If you have not been refunded after 21 days of returning the item(s), please contact customerservices@boohoo.com with the proof of postage information on your Post Office receipt and we can investigate further.

I guess I just wanted to clarify whether as it's been 30 days I should have received a refund by now or if actually need to send back the stuff first? I thought I had read that regardless of when you send it back once you cancel the contract under the cooling off period the company needs to refund you within 30 days regardless.

Because there are so many negative reviews for Boohoo.com I'm actually kind of worried I won't get my money back at all (as that seems to have happened to some people) and wanted to wait until I got it back to send back the order.

So I'm not sure what to do? Could anyone please advise?