Refund for bespoke online order

arcon5

If they haven't performed the contract within 30 days (unless otherwise you agreed) then you can consider the contract to have not formed in the first place and this receive a full refund of monies paid (Distance Selling Regulations).

Unfortunately, poor response levels doesn't create a valid case. Whether you emailed them 1 minute or 1 week after order, the fact is you have no rights to cancel.

ooberandy

arcon5 wrote: »

If they haven't performed the contract within 30 days (unless otherwise you agreed) then you can consider the contract to have not formed in the first place and this receive a full refund of monies paid (Distance Selling Regulations).

Unfortunately, poor response levels doesn't create a valid case. Whether you emailed them 1 minute or 1 week after order, the fact is you have no rights to cancel.

Thanks. Is that still the case though when their own terms and conditions say the order can be canceled before a despatch date has been confirmed? I'm just clutching at straws here, sorry.

arcon5

ooberandy wrote: »

Thanks. Is that still the case though when their own terms and conditions say the order can be canceled before a despatch date has been confirmed? I'm just clutching at straws here, sorry.

No it's not. But the terms doesn't read like that to me, but once it's gone in to production you cannot cancel. Although it's not clear how they define 'production', could be for example up on printing or up on preparing your photography for printing.

unholyangel

Section 75 wouldn't be applicable even if you did have some statutory right to cancel as the goods are less than £100.

Visa/Mastercard chargeback....I doubt it will be applicable either but there's never any harm in checking.

However it is important to note that DSRs do cover customised items, just that they are not covered by regulation 10 (the unconditional right to cancel). The other parts (such as the retailer providing cancellation rights in a durable form and informing the consumer that they will lose their right to cancel if the work begins) are still applicable.

OP you said you got a confirmation mail but take it to be the first one (order recognition as opposed to order confirmation)......which is it? Is it acknowledging your order or is it confirming your order?

ooberandy

unholyangel wrote: »

OP you said you got a confirmation mail but take it to be the first one (order recognition as opposed to order confirmation)......which is it? Is it acknowledging your order or is it confirming your order?

The email says...
"Your order confirmation is below. Your Order #100000356 (placed on 12 March 2012)"

But this doesn't fit with how they describe their procedure in their T&C's...

"2. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that we have accepted your order together with an invoice."

I only received one email, which seemed like an automated one as it was sent immediately after placing the order. I haven't received the second "confirm such acceptance" email was received.