Distance Selling - Cancelling before item received.,

lordgaz

Hi All

I recently ordered an electrical appliance online with delivery due 2 days from now.
I have just needed to cancel this order, which I have done by writing an email to the vendor, and by also a follow up phone call.

The vendor said it was no problem to cancel this order, but it would be likely there would be a charge of £35 for the courier company for the cancelled delivery.

The vendors terms and conditions do not mention a charge if the order is cancelled before delivery. They only advise that there would be a charge for returning unwanted goods after delivery.

I was under the impression that distance selling rules entitled me to a full refund (especially if the item is not yet received)

Can you help advise if I should pay any charges for this cancellation?

wealdroam

On page 25 of the OFT's guide to the Distance Selling Regulations we are told:

What specifically do I have to refund to the consumer if
they cancel?
3.48 The DSRs require you to refund any money paid by or on behalf of the consumer in relation to the contract to the person who made the payment. This means the full price of the goods, or deposit or prepayment made, including the cost of delivery. The essence of distance selling is that consumers buy from home and receive goods at home. In these circumstances, almost every case of home shopping will involve delivery of the goods ordered and so delivery forms an essential part of the contract.

If the goods should accidently be delivered, make sure you refuse delivery, otherwise you will have to pay for returning the thing.
Refusing delivery in this circumstance is not a breach of contract.

lordgaz

wealdroam wrote: »

On page 25 of the OFT's guide to the Distance Selling Regulations we are told:

If the goods should accidently be delivered, make sure you refuse delivery, otherwise you will have to pay for returning the thing.
Refusing delivery in this circumstance is not a breach of contract.

Many thanks -
Their return terms are as below

We want you to be delighted with your order. If you wish to cancel your order you may do so at any time from the day you placed the order, up to 7 working days starting the day after you received the goods without reason.
Your cancellation request must be recieved in writing to
XXXXXX

Or by emailing xxxxxxx
A refund of all monies including postage and packing charges, will be made within 30 days of cancellation. Where the goods are not faulty or wrongly delivered by us the goods must be returned at your cost.
If you are not able to return the goods can arrange to collect the goods and deduct the direct cost from the refund.


So seeing as I have not even received the goods, I should definitely be entitled by law to receive my full payment back - yes?

Jamie_Carter

lordgaz wrote: »

Many thanks -
Their return terms are as below

We want you to be delighted with your order. If you wish to cancel your order you may do so at any time from the day you placed the order, up to 7 working days starting the day after you received the goods without reason.
Your cancellation request must be recieved in writing to
XXXXXX

Or by emailing xxxxxxx
A refund of all monies including postage and packing charges, will be made within 30 days of cancellation. Where the goods are not faulty or wrongly delivered by us the goods must be returned at your cost.
If you are not able to return the goods can arrange to collect the goods and deduct the direct cost from the refund.


So seeing as I have not even received the goods, I should definitely be entitled by law to receive my full payment back - yes?

It doesn't matter what their terms and conditions say, they still have to comply with DSR's and SoGA

bod1467

The supplier terms are essentially irrelevant ... they CANNOT contract out your legal rights. Even if you knowingly agree to their terms it still doesn't matter - your legal consumer rights are enshrined in law and cannot be varied (except by legislation).

wealdroam

lordgaz wrote: »

So seeing as I have not even received the goods, I should definitely be entitled by law to receive my full payment back - yes?

Yes.

To further clarify, see page 22 of that document I linked to earlier, where 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.

lordgaz

wealdroam wrote: »

Yes.

To further clarify, see page 22 of that document I linked to earlier, where it says:

Thank you all for the helpful advice.

Regarding the refund, the vendor wrote:
[FONT=&quot]Regrettably your item has already been despatched in preparation for your delivery so I would be unable to credit your sale immediately as I no longer have the stock.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I have requested the cancellation of your delivery and arranged for the stock to be returned to myself. Once the item has been returned I will arrange for the credit to be applied to your card.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Please note that you may be charged the return fee of your item which is £35.[/FONT]

[FONT=&quot][/FONT]
[FONT=&quot]Is it reasonable for the vendor to withold refund until they have received the items back from the courier?[/FONT]
[FONT=&quot]My contract is with the vendor, and not third parties?[/FONT]

Slowhand

lordgaz wrote: »

Thank you all for the helpful advice.

Regarding the refund, the vendor wrote:
[FONT=&quot]Regrettably your item has already been despatched in preparation for your delivery so I would be unable to credit your sale immediately as I no longer have the stock.[/FONT]

[FONT=&quot]I have requested the cancellation of your delivery and arranged for the stock to be returned to myself. Once the item has been returned I will arrange for the credit to be applied to your card.[/FONT]

[FONT=&quot]Please note that you may be charged the return fee of your item which is £35.[/FONT]


[FONT=&quot]Is it reasonable for the vendor to withold refund until they have received the items back from the courier?[/FONT]
[FONT=&quot]My contract is with the vendor, and not third parties?[/FONT]

They can take up to 30 days to refund you.

wealdroam

lordgaz wrote: »

Is it reasonable for the vendor to withold refund until they have received the items back from the courier?
My contract is with the vendor, and not third parties?

You need to read more of that doc I linked to.

On page 25 it says:

When do I have to refund a consumer’s money if they cancel an order?
3.46 As soon as possible after the consumer cancels, and in any case within 30 days at the latest. You must refund the consumer’s money even if you have not yet collected the goods or had them returned to you by the consumer. You cannot insist on the goods being received by you before you make a refund.

However, in my opinion it is reasonable for the seller to wait until until he gets the returned goods back.
Take him to court if you want anything else to happen... by which time he will have received the returned goods and (hopefully) issued the refund.

bod1467

wealdroam wrote: »

and (hopefully) issued the refund.

The FULL refund ... if he deducts £35 (or anything at all) tell him to go do one. As it seems you paid by credit card, and the value of the item was (probably) more than £100, then you also have Section 75 protection.

bris

It would be reasonable to charge the return delivery fee if the courier charges them, so don't get your hopes up. They must return the outward delivery fee but return costs are usually paid by the customer if their T&C's relate this, which is what they do.

It seems you canceled after dispatch, so really the return fee (if they are charged one ) will be your responsibility.