Distance Selling - Cancellation Period

Roby20

Hi

T&C's of a company state '...you have a statutory right to cancel your order...you have 7 seven days from the day after you receive the goods to inform us...to obtain a full refund including postage...'

What if the goods are not delivered? Company wants me wait for a form by post and return it by post just so they can ask Royal Mail to look for it. Called the company and was told the cancellation period didn't apply if I hadn't received the goods.

Would like to get the refund ball rolling asap. Any help much appreciated

wealdroam

On page 17 of the OFT's guide to the DSRs we can see...

3.23 Where the DSRs give consumers the right to cancel an order, this right is unconditional and begins from the moment the contract is concluded.

On page 22 of that same document it says...

Can a consumer cancel an order before they receive the goods or where goods are lost in transit?
3.35 Yes. Where the DSRs give consumers rights to cancel, this right is unconditional. If consumers cancel before they have received the goods you must refund the total price of the goods, including any delivery charges. Consumers who have cancelled under the DSRs may refuse to accept delivery of the goods. Refusal in such a situation cannot be treated as a breach of contract.
3.36 Where goods are lost in transit from you to the consumer you will need to either send new goods or offer the consumer a full refund, including delivery charges.

So yes, you can cancel the contract anytime after the order is placed up until seven working days after delivery has taken place.

Your supplier is also wrong in saying 'seven days' instead of 'seven working days'.
It is possible in some circumstances that the cancellation period can be longer.

Roby20

Thank you wealdroam, exactly what I wanted to know.

I saw paragraph 3.23 on OFT site but thought 'concluded' might mean receipt of goods. Presumably its when goods are paid for.

wealdroam

Roby20 wrote: »

I saw paragraph 3.23 on OFT site but thought 'concluded' might mean receipt of goods. Presumably its when goods are paid for.

With online purchases it is common practice, but by no means universal, that contracts are concluded when the seller dispatches the goods.

arcon5

Also they must refund you within 30 days of cancelling under DSRs