Ordered product but found elsewhere...?

wealdroam

bris wrote: »

...if they are not normally distance sellers then under the old DSR's cancellation rights don't apply. I am unsure however if this is still the case with the CCR's, haven't really looked into it, maybe someone else has read them thoroughly.

The wording is very similar.

Under DSRs:

“distance contract” means any contract concerning goods or services concluded between a supplier and a consumer under an organised distance sales or service provision scheme run by the supplier who, for the purpose of the contract, makes exclusive use of one or more means of distance communication up to and including the moment at which the contract is concluded;

and under CCRs:

“distance contract” means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;

The significant words are "under an organised distance sales or service provision scheme".

BarryBlue

There may well be a contract with seller 1. However, cancellation will not incur any losses for them so it is unlikely they are able to claim anything from you for cancelling it. They still have the item to sell.

My advice would be to send the email and tell them that you no longer require the item. If they request any money from you, ask them to quantify exactly what they are seeking and why. They cannot simply apply a penalty charge because they feel like it.

As for the moral side, so what. You're not a charity. They were more expensive and applied an extra charge. I wouldn't worry about it, they have actually lost nothing by you cancelling the transaction.

marliepanda

BarryBlue wrote: »

There may well be a contract with seller 1. However, cancellation will not incur any losses for them so it is unlikely they are able to claim anything from you for cancelling it. They still have the item to sell.

My advice would be to send the email and tell them that you no longer require the item. If they request any money from you, ask them to quantify exactly what they are seeking and why. They cannot simply apply a penalty charge because they feel like it.

As for the moral side, so what. You're not a charity. They were more expensive and applied an extra charge. I wouldn't worry about it, they have actually lost nothing by you cancelling the transaction.

You're going round calling everyone else an armchair lawyer and you're just as bad.

You have no idea they don't have any losses. Maybe this item doesn't sell well so that's why they didn't have one freely available. Maybe they no longer carry it so having it sit in their store will be inappropriate.

You seem to think people can act and cancel with no penalty. That may not be the case as we don't have enough information.

BarryBlue

marliepanda wrote: »

You're going round calling everyone else an armchair lawyer and you're just as bad.

You have no idea they don't have any losses. Maybe this item doesn't sell well so that's why they didn't have one freely available. Maybe they no longer carry it so having it sit in their store will be inappropriate.

You seem to think people can act and cancel with no penalty. That may not be the case as we don't have enough information.

Firstly, I am not an armchair lawyer, I have a legal qualification in this area, and I have dealt with several cases of this type. I have made it clear that any quantifiable losses can be claimed, and it is a penalty charge that is unlawful. Having an item still in stock is not a quantifiable loss. Any such losses would have to be itemised for the court.

In many cases it is possible to cancel without any liability as no loss is incurred. Loss of profit is not a reason to retain a deposit A penalty charge is unlawful which is why a T&C that automatically forfeits a deposit will be deemed an unfair contract term.

I would always recommend that people read the regulations as we never have enough information for a definitive decision here. However, barrack-room nonsense such as "You have no right to a refund" or whatever are not helpful and patently untrue. I suggest you have a look at the regulations yourself if you are in doubt. Google is your friend.;)

marliepanda

Where does anyone say 'no right to a refund.' Your reading and comprehension seems lacking.

How can you possibly give a 'legally qualified' answer based on the information given. You can't. You're just trying to sound smart with your 'legal qualification in this area.'

No one has mentioned the store charging a penalty. No one has mentioned anything about a refund, as they haven't paid.

BarryBlue

marliepanda wrote: »

Where does anyone say 'no right to a refund.' Your reading and comprehension seems lacking.

How can you possibly give a 'legally qualified' answer based on the information given. You can't. You're just trying to sound smart with your 'legal qualification in this area.'

No one has mentioned the store charging a penalty. No one has mentioned anything about a refund, as they haven't paid.

Sorry that you seem not to understand. I'm not trying to be smart, I'm trying to debunk some of the rubbish people post regarding non-refund of money. There is a post on another thread where there is misinformation that says just that. It is from someone who regularly posts that, no matter what, you can't get deposits back. It is scandalously incorrect.

I have said that the OP needs to read the regulations and find out what liability he may have, if any, for cancelling the contract. Anything outside of quantifiable loss is deemed a 'penalty charge' by the regulations.

The legal position is not changed whether it has been paid in full, in part or not at all. The supplier may want to charge for something they are not entitled to, and could result in litigation.

Please do some research and establish what you are talking about. There is so much misunderstanding on this subject and people frequently walk away from deposits when they don't need to. A common example is where someone cancels a wedding and the various venues and suppliers try to retain huge sums. In most cases the whole deposit is required to be refunded, yet people just don't seem to know that.

unholyangel

BarryBlue wrote: »

Sorry that you seem not to understand. I'm not trying to be smart, I'm trying to debunk some of the rubbish people post regarding non-refund of money. There is a post on another thread where there is misinformation that says just that. It is from someone who regularly posts that, no matter what, you can't get deposits back. It is scandalously incorrect.

I have said that the OP needs to read the regulations and find out what liability he may have, if any, for cancelling the contract. Anything outside of quantifiable loss is deemed a 'penalty charge' by the regulations.

The legal position is not changed whether it has been paid in full, in part or not at all. The supplier may want to charge for something they are not entitled to, and could result in litigation.

Please do some research and establish what you are talking about. There is so much misunderstanding on this subject and people frequently walk away from deposits when they don't need to. A common example is where someone cancels a wedding and the various venues and suppliers try to retain huge sums. In most cases the whole deposit is required to be refunded, yet people just don't seem to know that.

Some posters may say that - but the regulars here all know (or should given how often we cover it) about financial penalties, actual loss and unfair contract terms.

As evidenced by the sticky Is a deposit ever refundable?

BarryBlue

unholyangel wrote: »

Some posters may say that - but the regulars here all know (or should given how often we cover it) about financial penalties, actual loss and unfair contract terms.

As evidenced by the sticky Is a deposit ever refundable?

Thanks for that. I do agree, but there are still a few people who rock up on these threads and say that it's tough buns, you can never get a deposit back if you cancel. It doesn't seem to matter even when evidence to the contrary is presented.