Didn't pick up item I ordered to be delivered to store, am I due a refund?

TL_time

I'm not sure what my legal rights are, but I bought an item from Aldo online and I was not able travel to the store to pick it up. I tried to contact Aldo, but it proved very difficult and I was kept on hold for a very long time. I eventually gave up as in my experience shops have tended to return items delivered to a store and refund me if I changed my mind and didn't collect the goods.

Two months have passed and Aldo has told me that I'm not entitled to a refund on the basis that I didn't pick up the items. I'm wondering if this is legally true?

Would be very grateful if someone could let me know.

Thank you.

usefulmale

Just not collecting your items does not mean that the contract is cancelled. As far as I can tell, you do have to contact them and tell them so. Why not email or send a letter?

DCFC79

What does the terms and conditions say about not picking up an order delivered to store.

arcon5

Go collect the goods

pinkshoes

Is it over 60 days?

unholyangel

TL_time wrote: »

I'm not sure what my legal rights are, but I bought an item from Aldo online and I was not able travel to the store to pick it up. I tried to contact Aldo, but it proved very difficult and I was kept on hold for a very long time. I eventually gave up as in my experience shops have tended to return items delivered to a store and refund me if I changed my mind and didn't collect the goods.

Two months have passed and Aldo has told me that I'm not entitled to a refund on the basis that I didn't pick up the items. I'm wondering if this is legally true?

Would be very grateful if someone could let me know.

Thank you.

So do they still have the items you ordered? In other words are they only refusing to cancel the order or are they also refusing to supply it?


Its up to aldo to prove they complied with the consumer contract regulations by providing you with information on your right to cancel (you basically have 14 days from the day after the goods were received/the day you received the information about your cancellation rights - whichever is the latter, up to a maximum of 1 year and 14 calendar days from entering the contract).
If they can prove they have complied, then it would be up to you to prove you had cancelled within the cancellation period.
If they have not complied then you should still be within the cancellation period.

bris

unholyangel wrote: »

So do they still have the items you ordered? In other words are they only refusing to cancel the order or are they also refusing to supply it?


Its up to aldo to prove they complied with the consumer contract regulations by providing you with information on your right to cancel (you basically have 14 days from the day after the goods were received/the day you received the information about your cancellation rights - whichever is the latter, up to a maximum of 1 year and 14 calendar days from entering the contract).
If they can prove they have complied, then it would be up to you to prove you had cancelled within the cancellation period.
If they have not complied then you should still be within the cancellation period.

We have absolutely no idea at this point if it was an internet order or just something out of stock in store which the OP then asked them to order in.


If it was an internet order then it gets a bit tricky, your right to cancel starts after you receive the order, as the order was never received (op's fault I know) then has the 14 days even started yet? A bit of a rare situation.


Regardless and if they aren't entitled to a refund they are still entitled to the goods, the store just became an involuntary bailee and all that entails. So if the store no longer has the goods they would have to pay the owner what they got for them or follow the correct procedure before disposing of them.

neilmcl

bris wrote: »

We have absolutely no idea at this point if it was an internet order or just something out of stock in store which the OP then asked them to order in.


If it was an internet order then it gets a bit tricky, your right to cancel starts after you receive the order, as the order was never received (op's fault I know) then has the 14 days even started yet? A bit of a rare situation.


Regardless and if they aren't entitled to a refund they are still entitled to the goods, the store just became an involuntary bailee and all that entails. So if the store no longer has the goods they would have to pay the owner what they got for them or follow the correct procedure before disposing of them.

It's not necessarily 14 days from the when the consumer takes possession of goods it can be 14 days from when they were delivered to another person identified by the consumer to take possession. In theory having them delivered to the store is the same as having another person take delivery and therefore he will be out of time to cancel.

unholyangel

bris wrote: »

We have absolutely no idea at this point if it was an internet order or just something out of stock in store which the OP then asked them to order in.


If it was an internet order then it gets a bit tricky, your right to cancel starts after you receive the order, as the order was never received (op's fault I know) then has the 14 days even started yet? A bit of a rare situation.


Regardless and if they aren't entitled to a refund they are still entitled to the goods, the store just became an involuntary bailee and all that entails. So if the store no longer has the goods they would have to pay the owner what they got for them or follow the correct procedure before disposing of them.

Perhaps you overlooked this part of OP's post.

TL_time wrote: »

I'm not sure what my legal rights are, but I bought an item from Aldo online and I was not able travel to the store to pick it up. I tried to contact Aldo, but it proved very difficult and I was kept on hold for a very long time. I eventually gave up as in my experience shops have tended to return items delivered to a store and refund me if I changed my mind and didn't collect the goods.

Two months have passed and Aldo has told me that I'm not entitled to a refund on the basis that I didn't pick up the items. I'm wondering if this is legally true?

Would be very grateful if someone could let me know.

Thank you.

bris

Yes I did overlook it, silly me.


I still don't know whether being in the possession or the retailer would constitute delivery after all it's a service they provide to hold goods until collected. I still think its a tricky one and regardless they still can't just dispose of the goods without going through the legal process.

unholyangel

bris wrote: »

Yes I did overlook it, silly me.


I still don't know whether being in the possession or the retailer would constitute delivery after all it's a service they provide to hold goods until collected. I still think its a tricky one and regardless they still can't just dispose of the goods without going through the legal process.

I agree.

However I wasn't sure if they had disposed of the goods, OP only makes reference to them refusing to refund so I was thinking perhaps they're still available for OP to pick up but OP just wants a refund.