Cancellation request before dispatch notification: Who's responsible for rtn postage?

Betwixen

This is an order I placed online (small, cheap, item - return postage wont be expensive and I haven't contacted them again since receipt, so dont know their position - just curious on what the legal position is).

The diary of events so far was:
22:23 - 12th May - Order Placed online
22:24 - 12th May - Order Confirmation email received
23:11 - 12th May - Changed my mind and contacted them to cancel the order in line with contact details on order confirmation email
07:48 - 14th May - Shipping confirmation email received
10:23 - 15th May - Customer service response received, summarised as "Orders sent straight to warehouse to speed up delivery times. We are unable to stop any orders being shipped. You need to return unwanted items after delivery"
18th May - Order delivered

I have some vague recollection in the depths of my brain that if you cancel before advised of dispatch, then they are responsible for return postage costs - is this right?

powerful_Rogue

Your right to cancel an order for goods starts the moment you place your order and ends 14 days from the day you receive your goods.

http://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations

Betwixen

Thanks for your response.

Yes - I totally get there is no question of my right to cancel. My curiosity at this stage is who is responsible for the return postage. Because there is nothing wrong with the item and I have just changed my mind, it would normally, and reasonably, be me. However on the occasion where I request cancellation within 1 hour of placing the order, 36 hours before dispatch notification and 6 days before delivery was received, I wonder if that is still the case or if the situation has changed.

mo786uk

that particular point is not really covered properly in the legislation so i would argue that it is their fault and they pay.

bris

mo786uk wrote: »

that particular point is not really covered properly in the legislation so i would argue that it is their fault and they pay.

No, that point was in the old DSR's and removed in the new CCR's. It was removed deliberately like a few other terms that unfairly punished the retailers.


The point is companies especially the larger ones don't have people sitting waiting for emails just in case someone changes their minds.


Everything is automated these days, from order to delivery it's all done by computers.


Bottom line is take more care when ordering online, the retailers shouldn't be punished for your mistakes, they already have to foot the bill for the postage and packaging that they have done initially, is it fair they pay yours to?

naedanger

Betwixen wrote: »

This is an order I placed online (small, cheap, item - return postage wont be expensive and I haven't contacted them again since receipt, so dont know their position - just curious on what the legal position is).

The diary of events so far was:
22:23 - 12th May - Order Placed online
22:24 - 12th May - Order Confirmation email received
23:11 - 12th May - Changed my mind and contacted them to cancel the order in line with contact details on order confirmation email
07:48 - 14th May - Shipping confirmation email received
10:23 - 15th May - Customer service response received, summarised as "Orders sent straight to warehouse to speed up delivery times. We are unable to stop any orders being shipped. You need to return unwanted items after delivery"
18th May - Order delivered

I have some vague recollection in the depths of my brain that if you cancel before advised of dispatch, then they are responsible for return postage costs - is this right?

You could check the retailer's terms and conditions. It is quite common for online retailers to say that a contract is only formed when the item has been dispatched (or when the shipping confirmation is sent or even when the item is delivered). If you cancelled before the contract was ever formed then you are not legally obliged to pay the return postage. (However I would probably pay anyway in the circumstances.)

DoaM

Unless the item was posted through your door/left at your property with no opportunity for you to act in person ... your easiest solution would have been to refuse delivery.

sheramber

What does the company's return policy state

Return your online order

It's important to note that the Consumer Contracts Regulations doesn't affect your rights under the Consumer Rights Act where goods are faulty.

It's usually your responsibility to return the goods to the retailer following cancellation and you'll have to bear the direct cost of doing so, unless the trader has offered to collect them or they can't be posted.

Importantly, the goods must be returned within 14 calendar days of the cancellation. If you don't return the goods, the trader may not be required to refund any payment.
5
Check who pays postage

If the T&Cs or returns policy doesn't state who pays for returns, the Consumer Contracts Regulations say the retailer must cover the cost of postage.

Check whether the retailer will arrange to collect the goods or whether it will cover your postage costs.

http://www.which.co.uk/consumer-rights/advice/how-do-i-cancel-an-online-order

Betwixen

bris wrote: »

No, that point was in the old DSR's and removed in the new CCR's. It was removed deliberately like a few other terms that unfairly punished the retailers.

Thanks - that's probably why it was lurking in the depths of my brain!

naedanger wrote: »

(However I would probably pay anyway in the circumstances.)

Yeah - I'll probably just send it back without disputing it - I was just curious really as I wasn't quite sure what the legality of it was

DoaM wrote: »

Unless the item was posted through your door/left at your property with no opportunity for you to act in person ... your easiest solution would have been to refuse delivery.

It was dropped through the letterbox by the postman - so I had no opportunity to decline delivery.

Betwixen

bris wrote: »

The point is companies especially the larger ones don't have people sitting waiting for emails just in case someone changes their minds.

Everything is automated these days, from order to delivery it's all done by computers.

I was thinking about this - it should make it FAR easier for cancellations to be managed if the large retailer had any reasonable desire to allow the consumer to cancel - their systems could be set up to allow consumers to click a cancel button long before a human ever gets to see the order or deal with it.

For the record, the result of my return was that I paid the postage and didn't bother discussing the issue with the retailer.