Cancelled order before dispatch

Chomeur

I ordered some books online. The seller's terms which I agreed to state:

"After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 5.3.

We will confirm our acceptance of your order to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation."

I changed my mind before dispatch and emailed them to withdraw my order. Since there was no contract in place I was entitled to do so.

Now they have said that they are going to send me the books anyway, and sent the confirmation of dispatch.

So when the books arrive what do I do with them? They seem to be unsolicited goods. If they're delivered to me in person I'll just refuse them, but I expect they won't be. I don't want the bother of taking them to a post office to return them.

NCC-1701

They are not unsolicited goods as you ordered them, albeit you cancelled afterwards.

agrinnall

Where will they be delivered if they're not delivered to you in person? I would probably expect books to be sent using a signed for method so you should be able to decline acceptance at that point.

mattyprice4004

You ordered and changed your mind - it could be that they use a remote warehouse that packed and sent the order before they read your message.
Not their fault, just take them to the Post Office when they arrive if they're not delivered directly to you.

It's no great hardship and not the end of the world.

martinsurrey

mattyprice4004 wrote: »

You ordered and changed your mind - it could be that they use a remote warehouse that packed and sent the order before they read your message.

If that is the case they should change their terms to be contract is formed at order acceptance.

The courts don't look favorably on contract terms that give too much power to the retailer at the consumers expense, in this case it looks like that as soon as you press order, you are bound to the contract but they are not, which is clearly an unfair term, so not enforceable.

It will matter to the OP as i'm sure they wont cover return postage.

OP you cancelled before they dispatched, so no contract, but not unsolicited goods.

Tell them they can pick them up at their expense, and if they charge your card do a charge back or s75 claim

McKneff

Just refuse delivery. That will sort it .

agrinnall

McKneff wrote: »

Just refuse delivery. That will sort it .

Well, yes, but the OP says

Chomeur wrote: »

If they're delivered to me in person I'll just refuse them, but I expect they won't be.

Which is why I asked where they do expect them to be delivered to, and questioned why they wouldn't be delivered in person.

Chomeur

When I buy books from Amazon normally they just get put through the letterbox or, if too big, someone in one of the adjoining flats buzzes the postman in and he leaves them in the hallway. But this is a different company and I don't really know what will happen here.