Zavvi claims they cannot cancel order

WTFH

senileturtle wrote: »

The difference with zavvi is they were contacting supplier so did not have it in stock in the first place. It was not was in their warehouse to begin with. And the words "order has been placed" imply that as soon as you place an order you cannot cancel it.

So, is the order coming to you direct from the supplier or from zavvi?
Is it possible that between the time you ordered the product and the time you tried to cancel it that it had arrived from their supplier and was in their warehouse?

The words "imply" something only if you ignore what is said after them.

What does this say:

I understand this is disappointing and I am sorry for the inconvenience, however once the order has been despatched, we would be more than happy to provide you with returns details to have the items sent back to us for a refund."

bod1467

I think you're picking this up wrong WTFH.

The email talks about REFUNDING "once the order has been despatched". At the current point in time, they are saying "once an order is placed I am unable to cancel or amend it". They are not saying that it has been sent for despatch at this time.

But I take your point about whether they drop-ship direct from the manufacturer/supplier. If they DO do this then cancelling an order may be an issue - if they DON'T do this then they probably CAN cancel the order.

Bottom line though - the OP's DSR rights are still in place. They key though is to ensure they don't try and hit OP with returns charges since OP has already requested to cancel prior to desptach of goods.

WTFH

bod1467 wrote: »

I think you're picking this up wrong WTFH...

Bottom line though - the OP's DSR rights are still in place. They key though is to ensure they don't try and hit OP with returns charges since OP has already requested to cancel prior to desptach of goods.

Maybe I am picking it up wrong, but I think the OP has done himself no favours by sending them an email telling them that they have lied to him and that they have breached the DSRs.

ThumbRemote

WTFH wrote: »

Maybe I am picking it up wrong, but I think the OP has done himself no favours by sending them an email telling them that they have lied to him and that they have breached the DSRs.

From the DSRs:

10. (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.

It is quite clear that the contract is cancelled when the customer gives notice as such, not when the retailer decides the cancellation takes effect. It is irrelevant how their internal ordering and supply process works.

By refusing to cancel the order now, Zavvi are breaching the DSRs. A customer has contacted them to cancel an order, and they have refused to accept that cancellation.

BMN

ThumbRemote wrote: »

From the DSRs:

10. (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.

It is quite clear that the contract is cancelled when the customer gives notice as such, not when the retailer decides the cancellation takes effect. It is irrelevant how their internal ordering and supply process works.

By refusing to cancel the order now, Zavvi are breaching the DSRs. A customer has contacted them to cancel an order, and they have refused to accept that cancellation.

The order and the contract are not the same thing though?

bod1467

I suspect you're looking at the subtleties of when a contract is formed. In the DSRs the terms contract and order are essentially interchangeable, particularly with respect to the quoted section.

TR's response is correct.

BMN

The DSRs don't even use the term order.

Just because cancel the contract is cancelled doesn't mean the actual order is cancelled - if, for example, it's with a courier then Zavvi cannot stop an attempted delivery at this stage.

ThumbRemote

BMN wrote: »

The DSRs don't even use the term order.

Just because you cancel the contract is cancelled doesn't mean the actual order is cancelled - if, for example, it's with a courier then Zavvi cannot stop an attempted delivery at this stage.

That makes no sense. What is an order, if not the fulfillment of the contract?

If there is no contract, and Zavvi continue to send the goods, then presumably they count as unsolicited goods and OP can keep them. Yet somehow I can't see Zavvi agreeing with that.

tomwakefield

I think it's probably more likely a case of Zavvi having poor processes which won't allow them to stop the physical goods being sent out, rather than trying to deny DSR. They have said they will accept a return for a refund, so provided:

1) They don't make the OP pay for return postage
2) They refund within 30 days of the original request to cancel

I don't think they've done anything wrong, they're just not being particularly customer friendly.

Amazon occasionally have the same issue if you're trying to cancel an order while it's in "preparing for dispatch" status.

wealdroam

BMN wrote: »

The DSRs don't even use the term order.

But the OFT's Guide to the DSRs does.

See the quote in post #2. It is quite clear to me, and the OFT, what is meant.