Cancelled order still delivered

Bdm211

Hi everyone, hoping for some sound advice.

In late March I placed an order with an online seller for some sporting goods. I saw the goods on a company website and contacted the seller through Facebook as that's where goods were being advertised. I was sent an invoice from the company through Paypal and paid that way. I was advised that my items would arrive in a couple of weeks as they were being distributed from the manufacturer in Europe to the seller. I chased up the seller after approx 2.5 weeks who said they would arrive early the following week. The following week nothing arrived. Nearly a month had passed since original order date and I had still not received my items and, as the event they were to be used for had come and gone, I notified the seller through Facebook message that I wished to cancel the order. I also sought a claim through Paypal for the return of my money due to non receipt of items. The claim was decided in my favour and my money was returned however seller was very unhappy about this.

Despite this, the seller arranged a courier after I had notified them that I no longer wanted the order. From what I can tell they did this to help their case regarding the Paypal claim so to have "tracking details". They are saying that I now have to return the goods at my cost as they had arranged delivery before the Paypal case was decided upon, despite me having already told them that I wished to cancel my order. I have refused to arrange the courier at my cost and they have stated that they will be seeking further action.

Am I in the right or wrong?

bris

Just refuse the goods at the door and they will find their way back to the seller.

You were within your rights to cancel under DSR so just refuse them.

Bdm211

The goods were signed for this morning while I was at work. I have a number of things on order and don't think housemate thought twice about what it was so parcel is now sat in my lounge!

molerat

Just mail the seller and tell them you have the goods and are waiting for them to arrange collection at your convenience. There is nothing more they can do or you need to do.

cookie365

Yes - at your convenience, and their expense.

Bdm211

The seller is saying that I illegally cancelled the order as it was 'bespoke'. The items I ordered were in a specified off the peg size, not made to measure or personalised. She is saying because i ordered a certain size this then made them 'specified'. The exact same things i purchased could be purchased elsewhere, you could choose from three different sizes. She ordered them from the manufacturer as she didn't currently have them in stock. I am currently being threatened with legal action so it seems!

molerat

As they are getting all legal the reply given in the case of Arkell and Pressdram springs to mind

wealdroam

Bdm211 wrote: »

The seller is saying that I illegally cancelled the order as it was 'bespoke'. The items I ordered were in a specified off the peg size, not made to measure or personalised. She is saying because i ordered a certain size this then made them 'specified'. The exact same things i purchased could be purchased elsewhere, you could choose from three different sizes. She ordered them from the manufacturer as she didn't currently have them in stock. I am currently being threatened with legal action so it seems!

The seller is wrong.

The reason given is not a good one to refuse a cancellation.

From The OFT's Guide to the DSRs, the only point that come anywhere near that is on page 22 where it says:

Instances where cancellation rights do not apply (Regulation 13)

Can consumers cancel an order in any circumstances?

3.38 Unless you have agreed that they can, your consumers cannot cancel if the order is for:

the supply of goods made to the consumer’s own specification such as custom-made blinds or curtains. But this exception does not apply to upgrade options such as choosing alloy wheels when buying a car; or opting for add-on memory or choosing a combination of standard-off-the shelf components when ordering a PC, for example

Your goods are not personalised so the order can be cancelled under DSRs.

This social media stuff may be ok, but I would now send an email formally cancelling the order under DSRs.

bod1467

Do the T&Cs of the contract oblige the consumer to pay for return of the goods? (If yes then sending an email now may bind OP to the T&Cs and so be liable for the return cost).

Have you received notification of your cancellation rights by durable means? (Email, invoice, despatch note ... their website is NOT classed as durable).

Final question - did you purchase as a consumer or a business? (DSRs don't apply for B2B transactions). I ask as you mention needing the goods for an "event".

Bdm211

bod1467 wrote: »

Do the T&Cs of the contract oblige the consumer to pay for return of the goods? (If yes then sending an email now may bind OP to the T&Cs and so be liable for the return cost).

Have you received notification of your cancellation rights by durable means? (Email, invoice, despatch note ... their website is NOT classed as durable).

Final question - did you purchase as a consumer or a business? (DSRs don't apply for B2B transactions). I ask as you mention needing the goods for an "event".

I was not provided with any terms and conditions, although the seller did send a message saying "if there are any issues I will give you a full refund". The seller emailed me after I had cancelled saying I had no right to cancel solely because the order was bespoke. I purchased as a consumer.

Apparently I am now refusing to give up goods which are not mine - funny when I have repeatedly said that they can be picked up at any time.

bod1467

In that case it sounds like you are entirely in the clear - it is their fault and their responsibility, and the collection must be at your convenience.