Distance Selling - Cancelling before item received.,

mo786uk

You are in a bit of a grey area that the DSR does not totally cover

If the item costs the shop £35 to send out then they cannot charge you this but if the courier charges another £35 to take it back even though it never came into your possession you might be on a sticky wicket.

You would have to argue the excess is not part of the return but the original sending out.

If they have carted something halfway round the country then they might charge (the courier that is).

What you could do is accept delivery and send it back yourself if you think you can do it cheaper.

What you need to argue is that the delivery has not been made and therefore the item is still the responsibility of the retailer to take back.

Jamie_Carter

mo786uk wrote: »

You are in a bit of a grey area that the DSR does not totally cover

If the item costs the shop £35 to send out then they cannot charge you this but if the courier charges another £35 to take it back even though it never came into your possession you might be on a sticky wicket.

You would have to argue the excess is not part of the return but the original sending out.

If they have carted something halfway round the country then they might charge (the courier that is).

What you could do is accept delivery and send it back yourself if you think you can do it cheaper.

What you need to argue is that the delivery has not been made and therefore the item is still the responsibility of the retailer to take back.

The Consumer Protection (Distance Selling) Regulations 2000


Right to cancel10.—(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.
(2) Except as otherwise provided by these Regulations, the effect of a notice of cancellation is that the contract shall be treated as if it had not been made.

If a contract has not been made, then the supplier can't charge for the courier returning the items to them.

This would just be treated as any other non delivery by the courier, where it would be returned to the seller.

Jamie_Carter

lordgaz wrote: »

Just to add to this a little more - A few hours after I cancelled the order by email, and spoke to someone to confirm the cancellation, I received an (automated?) email from an address which links back to the retailer advising the item had been dispatched (showing an order date of 28th May and delivery date 30th May (I made the order on 21st May with 30th May delivery)... hmmmm - Maybe they are still going to try and deliver it

Just refuse delivery

unholyangel

While I think Jamies going about it the wrong way (what you quoted doesnt apply in the way you think it does - after all anyone cancelling after receiving the goods can be required to pay for their return providing they were informed of this in a durable form prior to the contract being concluded), I do agree with him that they can't charge.

The only reason a retailer can make a charge for the direct cost of the return is if the consumer has been under a duty of care to take care and return them. If the consumer hasnt received the goods, they're not under that duty.

Restoration of goods by consumer after cancellation

17.—(1) This regulation applies where a contract is cancelled under regulation 10 after the consumer has acquired possession of any goods under the contract other than any goods mentioned in regulation 13(1)(b) to (e).

Jamie_Carter

unholyangel wrote: »

While I think Jamies going about it the wrong way (what you quoted doesnt apply in the way you think it does - after all anyone cancelling after receiving the goods can be required to pay for their return providing they were informed of this in a durable form prior to the contract being concluded), I do agree with him that they can't charge.

The only reason a retailer can make a charge for the direct cost of the return is if the consumer has been under a duty of care to take care and return them. If the consumer hasnt received the goods, they're not under that duty.

So you have basically said the same as me.

mo786uk

I take your point and don't necessarily disagree but you have to look at Regulation 14

14.—(1) On the cancellation of a contract under regulation 10, the supplier shall reimburse any sum paid by or on behalf of the consumer under or in relation to the contract to the person by whom it was made free of any charge, less any charge made in accordance with paragraph (5).

(5) Subject to paragraphs (6) and (7), the supplier may make a charge, not exceeding the direct costs of recovering any goods supplied under the contract, where a term of the contract provides that the consumer must return any goods supplied if he cancels the contract under regulation 10 but the consumer does not comply with this provision or returns the goods at the expense of the supplier.

I don't think the bit about the contract never existing is that relevant as it has the same effect after the goods have been delivered yet you still have to pay for return delivery.

I spose the argument is, have the goods been supplied?

unholyangel

mo786uk wrote: »

I take your point and don't necessarily disagree but you have to look at Regulation 14

14.—(1) On the cancellation of a contract under regulation 10, the supplier shall reimburse any sum paid by or on behalf of the consumer under or in relation to the contract to the person by whom it was made free of any charge, less any charge made in accordance with paragraph (5).

(5) Subject to paragraphs (6) and (7), the supplier may make a charge, not exceeding the direct costs of recovering any goods supplied under the contract, where a term of the contract provides that the consumer must return any goods supplied if he cancels the contract under regulation 10 but the consumer does not comply with this provision or returns the goods at the expense of the supplier.

I don't think the bit about the contract never existing is that relevant as it has the same effect after the goods have been delivered yet you still have to pay for return delivery.

I spose the argument is, have the goods been supplied?

But the consumer is only under that duty to return (that allows the retailer to make a deduction if they fail in that duty) if they acquire possession of the goods in the first place.

mo786uk

Regulation 17 only applies when the consumer has acquired possession and is irrelevant to this argument. I don't think Regulation 14 is dependant on it. As I say they have not accounted for this scenario.

The consumer has not been supplied the goods so as long as they don't take delivery then they should be OK.

unholyangel

mo786uk wrote: »

Regulation 17 only applies when the consumer has acquired possession and is irrelevant to this argument. I don't think Regulation 14 is dependant on it. As I say they have not accounted for this scenario.

The consumer has not been supplied the goods so as long as they don't take delivery then they should be OK.

You think regulation 17 relating to the return of goods upon cancellation is irrelevant to whether they can make a charge for the return of goods after cancellation?

I think 14 is dependent on it as they are concurrent conditions.

mo786uk

Well Reg 17 quite clearly says Reg 17 ONLY applies when the customer has acquired possession - so yes I think it is irrelevant when the customer has not acquired possession.

The way the DSR is written is quite clearly mean to work as one oiled machine but IMO they have not made a crystal clear outcome for the scenario the OP is in but as I have mentioned if you interpret words in certain ways you can come to the conclusion that the goods have not been delivered so all those issues about 'return' are probably not relevant.