When is an online order legally cancelled?

agrinnall

wealdroam wrote: »

No, regulation 34 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 tells us that the '14 days to refund' starts as soon as the trader is informed of the consumer’s decision to cancel the contract.

In the OP's case, that is 14 days from 30 November - when the cancellation email was sent, and the seller acknowledged receipt of the cancellation notice.

I disagree, I think 34(5) will apply rather than 34(6) which seems to be what you have quoted. Although either way the MSE Guide is not really correct.

(5) If the contract is a sales contract and the trader has not offered to collect the goods, the time is the end of 14 days after—

(a)the day on which the trader receives the goods back, or

(b)if earlier, the day on which the consumer supplies evidence of having sent the goods back.

(6) Otherwise, the time is the end of 14 days after the day on which the trader is informed of the consumer’s decision to withdraw the offer or cancel the contract, in accordance with regulation 44.

neilmcl

powerful_Rogue wrote: »

If the contract is a sales contract and the trader has not offered to collect the goods, the time is the end of 14 days after—

(a)the day on which the trader receives the goods back, or

(b)if earlier, the day on which the consumer supplies evidence of having sent the goods back.

The fact that the consumer has refused delivery is evidence enough that the goods are being sent back.

powerful_Rogue

neilmcl wrote: »

The fact that the consumer has refused delivery is evidence enough that the goods are being sent back.

Possibly, however until its tested we wont know

peachyprice

powerful_Rogue wrote: »

If the contract is a sales contract and the trader has not offered to collect the goods, the time is the end of 14 days after—

(a)the day on which the trader receives the goods back, or

(b)if earlier, the day on which the consumer supplies evidence of having sent the goods back.

neilmcl wrote: »

The fact that the consumer has refused delivery is evidence enough that the goods are being sent back.

What evidence is the courier obliged to produce for the customer when they refuse a delivery? I'd hazard a guess at none.

naedanger

The retailer must provide evidence (e.g. a signature on delivery) that the item was delivered before the consumer has to provide evidence it was returned.

If the item was sent with a service that required a signature on delivery then the least risk option for the OP is to refuse to sign and refuse delivery. Then if there is any problem the dispute will be with the retailer and their courier. (If the OP signs for the item and there is any problem with its return then the OP will be involved in the dispute.)

If the item is delivered without a signature (e.g. pushed through the letterbox) then the OP should contact the retailer and say he will return on payment of the postage which should be sent insured (or possibly with proof of posting only, if the item is very low value, which seems unlikely).

The timeframe for return of the OP's money should be 14 days as the item was in the retailer's possession when the OP cancelled (so the point about returning it is not relevant). That they then nevertheless sent it is a separate matter.

wealdroam

naedanger wrote: »

...if the item is very low value, which seems unlikely.

The OP has already told us:

Nickname303 wrote: »

It's jewellery worth £300...

naedanger

wealdroam wrote: »

The OP has already told us:

Good. The item will almost certainly have been sent "signed for" and then the least risk option for the OP is to refuse to accept delivery and refuse to sign. (The delivery person may be a bit miffed, as some of them are paid an amount per delivery.)

In practice I personally may accept delivery, as I might feel some sympathy for the retailer (and delivery company) and be willing to go along with the simplest process from them (even though it would involve some slight cost and risk for me).

Nickname303

Just a quick update. I sent the items back today. Cost £7.25 and will be with them tomorrow by 1pm. I'll take my refund and move on. Thanks for all of your help and comments