Cancelling an Order prior to delivery

bobbybouche

I placed an order with Tiger Sheds under the impression that I would receive my order in approximately 8 working days. After chasing them up as I had heard nothing at the end of the 8 day period I have been informed that they don't know when they will be able to deliver the shed.

If I cancel the order they say there will be a cancellation charge (although they won't say how much that is). Their website gives the impression that they offer a prompt service but at the moment it looks like I could be waiting well over the 8 day delivery that they advertise. I have stated that if they cannot deliver by Tuesday 20th Nov i would like to cancel, as that will be 15 working days from the original date I placed the order.

Can they charge me for cancelling? I consider myself to have been misled by their website. I have also contacted them 3 times with regard to my issue with them, and they have failed to get back to me on 2 occasions.

I'm guessing I could just refuse delivery or reject the goods under distance selling rules, but would I end up paying for delivery, and still get charged the cancellation fee?

Has anyone got any advice, it would be very much appreciated?

wealdroam

bobbybouche wrote: »

I placed an order with Tiger Sheds under the impression that I would receive my order in approximately 8 working days. After chasing them up as I had heard nothing at the end of the 8 day period I have been informed that they don't know when they will be able to deliver the shed.

If I cancel the order they say there will be a cancellation charge (although they won't say how much that is). Their website gives the impression that they offer a prompt service but at the moment it looks like I could be waiting well over the 8 day delivery that they advertise. I have stated that if they cannot deliver by Tuesday 20th Nov i would like to cancel, as that will be 15 working days from the original date I placed the order.

Can they charge me for cancelling? I consider myself to have been misled by their website. I have also contacted them 3 times with regard to my issue with them, and they have failed to get back to me on 2 occasions.

I'm guessing I could just refuse delivery or reject the goods under distance selling rules, but would I end up paying for delivery, and still get charged the cancellation fee?

Has anyone got any advice, it would be very much appreciated?

Assuming you ordered at a distance, you can cancel up to seven working days after delivery.
Clearly if you cancel before delivery, you are within that timeframe.

Also, having cancelled your order, you can refuse delivery without penalty.

They are not allowed to charge a cancellation fee.

Have a read of paras 3.26, 3.27, 3.35, 3.48 and the last part of 3.55, from the OFT's guide to the DSRs.

paddyrg

Assuming it was a distance order eg online the law is all on your side, if anyone tries to quote police or terms and conditions as a reason not to cancel then there is no question of the courts not siding with you.

agrinnall

The answers given assume that the shed is not being built specially for you. If it's a standard shed that could have been ordered by anyone, and can therefore be sold easily to the next person who asks for one, that's fine. If it is being custom built, or altered at your request, then the DSR probably wouldn't apply.

unholyangel

And just to expand on the above post......choosing from preset options is NOT customised.

bobbybouche

Thanks for the replies.

It is a standard shed, and I imagine they sell plenty of these over the course of the year. So on that basis, and the advice you guys have given they will be receiving a cancellation email from me very soon.