Cancelled order but they have dispatched anyway!

Lupamonkey

This is a little rambling, apologies for that...


I bought a voucher code for £17.99 from 'GoGroopie' for a dash-cam for my partner's birthday. I thought what great value. The dashcam was priced at £69.99 and I was going to get it for £17.99 + £4.99 p+p.

So I bought the voucher from 'GoGroopie', redeemed it and purchased the actual item from the company 'eBuzz World'.

All fine I thought, then I decided to check out any reviews on the item (I know I should have done this all BEFORE going through with the purchase). That's when I discovered that I had in fact bought an item which can be bought £10 on Amazon. It was cheap tatt!!! It's a scam!!! I felt so stupid.

So I instantly attempted to cancel the order I had placed with ebuzz within minutes of realising I had been had.

However there was no way to cancel on the site other than sending them a message which I did within a few minutes of ordering. I was going to back this up with a phone call to them. They did not have a phone number on their site (yes alarm bells were ringing at this point!). In fact I sent a 2nd message when I had got no reply by the next morning. I was quite curt and said that if they ignored my request to cancel the order and sent the item out, I would refuse the package.

As a belt and braces, I also activated the returns process against the order just to alert them that I didn't want the item in case they ignored my message.

I couldn't have done any more to cancel this bleeding order!!!

Later that day someone called Lisa replied to the second message,

"Thank you for your email.

Unfortunately your order is in process and we are unable to cancel this.
If you do not accept the package it will be held at your local sorting office for 18 calendar days and then will be returned to us and the cost of P&P will be deducted from the price that you will be refunded."

I replied thus:

No I’m sorry this is unacceptable. You have deliberately ignored my messages to cancel this order which I sent within minutes of ordering and it now showing as dispatched. I am entitled to cancel any order due to the distance selling regulation as you well know. If you do not have a system in place to cancel an order then that is your problem not mine. As I used a voucher for the item, I would only be expecting a refund of the £4.99 p+p inc any case.

I find it ridiculous that a simple process of cancelling the order was not in place to avoid that cost.

As I do not wish to incur any further losses due to this scam, I will not be accepting the parcel and will instruct that it is returned to sender. It can bounce between us for ever as far as I am concerned, so you may as well accept it back when it is returned to you.


That was on Monday. It is now Wednesday. I'm awaiting the item.

They made it impossible to cancel other than via message. This was totally inadequate. In fact it is against the 'Consumer Contracts Regulations' which I just found out surpasses the Distance Selling Regulations.
which states...
• details of any right to cancel - the trader also needs to provide, or make available, a standard cancellation form to make cancelling easy (although you aren’t under any obligation to use it).

eBuzz had not such facility on their site.


• information about the seller, including their geographical address and phone number.

eBuzz do not display their phone number anywhere!

Just wondering where I stand with refusing the delivery. Should I do that?

Also surely I can demand they refund the p+p seeing as they deliberately made it impossible to cancel my order any other way. It wasn't my fault they dispatched before dealing with my request to cancel.

With regards to the actual £17.99 voucher code I bought via Go Groopie, I have opened a dispute with PayPal about that.

wealdroam

Lupamonkey wrote: »

...it is against the 'Consumer Contracts Regulations' which I just found out surpasses the Distance Selling Regulations.
which states...
• details of any right to cancel - the trader also needs to provide, or make available, a standard cancellation form to make cancelling easy (although you aren’t under any obligation to use it).

eBuzz had not such facility on their site.


• information about the seller, including their geographical address and phone number.

eBuzz do not display their phone number anywhere!

The CSRs allow for that information to be supplied with the goods... in the package you are about to refuse delivery of.

Lupamonkey wrote: »

Just wondering where I stand with refusing the delivery. Should I do that?

The CSRs do allow for the buyer to refuse delivery without breaching the contract. The CSRs also allow the seller to recover the return costs if that is what the 'required documentation' says.

Lupamonkey wrote: »

Also surely I can demand they refund the p+p seeing as they deliberately made it impossible to cancel my order any other way. It wasn't my fault they dispatched before dealing with my request to cancel.

When an order is cancelled under CSRs, the seller must refund all monies paid, including the cost of sending the thing to you.

Lupamonkey wrote: »

With regards to the actual £17.99 voucher code I bought via Go Groopie, I have opened a dispute with PayPal about that.

Hmm... tricky.
I'm not sure how Paypal will treat this voucher.
My understanding is that Paypal buyer protection does not extend to intangible items.

Collabora

but if you refuse delivery the item should then be returned straight back to sender (with a refused delivery label on it) and not held at sorting office and should not cost anything

foxtrotoscar_2

I'm not sure Paypal will entertain a 'change of mind' refund.

wealdroam

Collabora wrote: »

but if you refuse delivery the item should then be returned straight back to sender (with a refused delivery label on it) and not held at sorting office and should not cost anything

That depends very much on who the carrier is and on the terms of the contract between the seller and the carrier.

I would find it difficult to make such a bold statement.

molerat

wealdroam wrote: »

That depends very much on who the carrier is and on the terms of the contract between the seller and the carrier.

I would find it difficult to make such a bold statement.

I would guess RM in this instance

Lupamonkey wrote: »

..............
Unfortunately your order is in process and we are unable to cancel this.
If you do not accept the package it will be held at your local sorting office for 18 calendar days and then will be returned to us and the cost of P&P will be deducted from the price that you will be refunded." .........

foxtrotoscar_2

wealdroam wrote: »

That depends very much on who the carrier is and on the terms of the contract between the seller and the carrier.

I would find it difficult to make such a bold statement.

Even if so there will still be the problem of a voucher that has been redeemed. I'm not sure how CCR deals with vouchers that have been actually used?

Collabora

wealdroam wrote: »

That depends very much on who the carrier is and on the terms of the contract between the seller and the carrier.

I would find it difficult to make such a bold statement.

but if RM or a courier arrives and you tell them you are refusing to take the item, then regardless it then has to be returned to the sender, no courier will hold onto for 18 days before sending it back to sender, why would they

wealdroam

foxtrotoscar wrote: »

wealdroam wrote: »

That depends very much on who the carrier is and on the terms of the contract between the seller and the carrier.

I would find it difficult to make such a bold statement.

Even if so there will still be the problem of a voucher that has been redeemed. I'm not sure how CCR deals with vouchers that have been actually used?

Yes, that's right. I am not sure of that either, which is why I haven't commented on it.

wealdroam

Collabora wrote: »

wealdroam wrote: »

That depends very much on who the carrier is and on the terms of the contract between the seller and the carrier.

I would find it difficult to make such a bold statement.

but if RM or a courier arrives and you tell them you are refusing to take the item, then regardless it then has to be returned to the sender, no courier will hold onto for 18 days before sending it back to sender, why would they

I agree, but don't understand the point you are now making.
I did not suggest they would hold on to the returning package.
Have you perhaps quoted the wrong post?

unholyangel

wealdroam wrote: »

The CSRs allow for that information to be supplied with the goods... in the package you are about to refuse delivery of.

13.—(1) Before the consumer is bound by a distance contract, the trader—

(a)must give or make available to the consumer the information listed in Schedule 2 in a clear and comprehensible manner, and in a way appropriate to the means of distance communication used, and
(b)if a right to cancel exists, must give or make available to the consumer a cancellation form as set out in part B of Schedule 3.

And theres also this section too - which is what I think is the source of the confusion:

Confirmation of distance contracts

16.—(1) In the case of a distance contract the trader must give the consumer confirmation of the contract on a durable medium.

(2) The confirmation must include all the information referred to in Schedule 2 unless the trader has already provided that information to the consumer on a durable medium prior to the conclusion of the distance contract.

If a retailer doesnt provide the information prior to entering the contract in a durable medium, then it needs to be confirmed by durable medium afterwards - but there is still a duty on them to inform you of certain information prior to entering into the contract.


If they dont have the info listed on their site readily available, I'm dubious as to whether they'd advise you of it before you order. Possible though I suppose!