Lush

Ehwhat

Hello,

I managed to place an online order with Lush on Sunday, it wasn't ideal e.g. 20 100ml bottles of Snow Fairy as they had sold out of every other size online and in the two Bristol shops. However I was able to buy unexpectedly 2 1kg bottles in the Bath shop. So 7hrs after ordering, I sent an email cancelling it. This email recieved an automatic and generic answer. I also tried to phone twice that day. On Monday I sent another email and tried to phone again. Each time I phoned I had the message that they were unable to take my call and to email them. In a effort to get someone to acknowledge my cancellation on Monday I set myself on Twitter and DM'd them. Yesterday I tried to phone again and got the same message as before. Today I tweeted them, sent another DM and tried to phone them. All of which were ignored. Then low and behold this morning I get a system generated email from Lush saying that my order has been dispatched! :mad:
Lush's T & Cs state that an order can be cancelled up to the point of dispatch and then it will become a return for which I am responsible for the return costs. Given that I have tried numerous times to cancel it, but it has fallen on deaf Lush ears, do I have any rights as they have blatantly ignored their own T & Cs and my cancellation?
Many thanks
Ehwhat

tomtontom

I'd refuse delivery and message them via FB and email to let them know what has happened. They seem to have had some problems with orders so will no doubt apologise and ensure you're not charged for the return.

marliepanda

You know exactly how busy they have been.

I'm sure they will allow you to return for free. Refuse the delivery if you're worried.

daytona0

Strange that they haven't responded to a social media message, or answered the phone - me suspects that they are currently closed....

Also, MOST people won't cancel their order, so a quick dispatch will take preference over cancellation requests. To that end, they'll probably have a skeleton crew in the warehouse if their customer care lines are closed.

I think you've just picked the wrong time of the year to be messing round with online orders. It baffles me how you'd neglect checking the bath store before placing the online order....

IF the item has been shipped (note that some systems require the seller to change it to "dispatched" before a refund can be issued, which sadly generates an email to the customer) then you MAY WELL be liable for the returns postage costs. Bear that in mind. Also note that Lush lose money in not cancelling before dispatch, so they probably aren't doing it just to spite you....

naedanger

Ehwhat wrote: »

Hello,

I managed to place an online order with Lush on Sunday, it wasn't ideal e.g. 20 100ml bottles of Snow Fairy as they had sold out of every other size online and in the two Bristol shops. However I was able to buy unexpectedly 2 1kg bottles in the Bath shop. So 7hrs after ordering, I sent an email cancelling it. This email recieved an automatic and generic answer. I also tried to phone twice that day. On Monday I sent another email and tried to phone again. Each time I phoned I had the message that they were unable to take my call and to email them. In a effort to get someone to acknowledge my cancellation on Monday I set myself on Twitter and DM'd them. Yesterday I tried to phone again and got the same message as before. Today I tweeted them, sent another DM and tried to phone them. All of which were ignored. Then low and behold this morning I get a system generated email from Lush saying that my order has been dispatched! :mad:
Lush's T & Cs state that an order can be cancelled up to the point of dispatch and then it will become a return for which I am responsible for the return costs. Given that I have tried numerous times to cancel it, but it has fallen on deaf Lush ears, do I have any rights as they have blatantly ignored their own T & Cs and my cancellation?
Many thanks
Ehwhat

No you will not have to pay the return costs as you cancelled before the item was dispatched.

Once Lush actually respond I don't think they will be awkward as they are reputed to have very good customer service.

In the unlikely event you do have any problems just explain clearly that you cancelled well before the item was dispatched, and the fact the item was nevertheless dispatched was their mistake and you should not be penalised (charged return postage) for their mistake. The fact you cancelled by email is good as you will be able to provide evidence confirming you cancelled the item before it was (erroneously) dispatched.

daytona0

naedanger wrote: »

No you will not have to pay the return costs as you cancelled before the item was dispatched.

Once Lush actually respond I don't think they will be awkward as they are reputed to have very good customer service.

In the unlikely event you do have any problems just explain clearly that you cancelled well before the item was dispatched, and the fact the item was nevertheless dispatched was their mistake and you should not be penalised (charged return postage) for their mistake. The fact you cancelled by email is good as you will be able to provide evidence confirming you cancelled the item before it was (erroneously) dispatched.

I find their Ts and Cs bit intriguing, notably:

"You have a legal right to cancel a contract which starts from the date we confirm your order has been despatched, which is when the contract between us is formed."

https://uk.lush.com/content/need-return-something-us

Does that mean that Lush are saying that the OP does not have a legal right to cancel before dispatch?

Based on the wording I'd be inclined to agree that the OP shouldn't be required to bear the returns costs...

Sally_A

Can you not return the unwanted order to a local shop?

Went shopping in Bath and noticed the Lush shop wasn't where I expected it to be....I could smell it, but not find it - when someone pointed me in the right direction, I didn't last more than 3 minutes in there, and trying to sniff a shower product for a present proved impossible.

Is the Bath shop smellier than most?

naedanger

daytona0 wrote: »

I find their Ts and Cs bit intriguing, notably:

"You have a legal right to cancel a contract which starts from the date we confirm your order has been despatched, which is when the contract between us is formed."

https://uk.lush.com/content/need-return-something-us

I am fairly sure there is nothing in the above wording to worry the original poster.

I think what has technically happened is that the op offered to buy the item. Before that offer was accepted the op cancelled (or withdrew their offer). So the op has never had a contract with Lush and Lush have sent the item by mistake. Lush can demand the item be returned but cannot demand the op incur any costs in doing so.

Does that mean that Lush are saying that the OP does not have a legal right to cancel before dispatch?

No. I think the wording is to protect Lush from any argument that they are obliged to honour any "purchases" before those orders are shipped. (So, for example, Lush could not be forced to supply any orders of items that were mispriced on their website, provided the misprice was spotted in time and the items were not dispatched.)

However generally (with few, if any, exceptions) someone offering a contract (such as the op here) can withdraw (or revoke) their offer at any time prior to its acceptance.

Based on the wording I'd be inclined to agree that the OP shouldn't be required to bear the returns costs...

Agreed.

wealdroam

daytona0 wrote: »

I find their Ts and Cs bit intriguing, notably:

"You have a legal right to cancel a contract which starts from the date we confirm your order has been despatched, which is when the contract between us is formed."

https://uk.lush.com/content/need-return-something-us

Does that mean that Lush are saying that the OP does not have a legal right to cancel before dispatch?

I think Lush are saying that the contract is formed on the date that despatch is confirmed.

I do not think they are saying cancellation cannot take place before that.

But Lush could've worded that sentence much less ambiguously.