I ordered the wrong worktop colour via email

*Kat*

Ugh. Nightmare.

So basically, I ordered the wrong colour worktop for my kitchen via email.

Do I have any right to return? I don't have it yet, it's due to be delivered on Friday (I haven't confirmed because I realised my mistake today).

neilmcl

Unless you've had it made to your specification then you should be able to return it via current distance selling regulations, ie, the CCRs.

Having said that was the contract conducted using the exclusive use of distance means? If, for example you went to a showroom, discussed and saw what you wanted then went away and confirmed your order via email then this would not be classed as distance sale.

*Kat*

No, I emailed them to place the order. How do I do this? Do I just email and tell them I'm sorry I ordered the wrong one so I need to cancel the order and order the correct one?

neilmcl

*Kat* wrote: »

No, I emailed them to place the order. How do I do this? Do I just email and tell them I'm sorry I ordered the wrong one so I need to cancel the order and order the correct one?

Do they normally sell online or via a distance means or is it a bricks & mortar store you're dealing with?

If you to cancel then an email will do but given that they're supposed to be delivering on Friday I'd be inclined to call them. Why not speak to them anyway and change the order for the correct colour?

Fosterdog

Have you bought a set length or have you had it cut to your specified size?

macman

How did you pay for it?

*Kat*

Set length.

I haven't paid yet. I ordered over the phone and pay on delivery.

They said I have to pay a 25% restocking fee...

neilmcl

*Kat* wrote: »

Set length.

I haven't paid yet. I ordered over the phone and pay on delivery.

They said I have to pay a 25% restocking fee...

You still didn't answer my question above but this bit I highlighted will rule it out from being a distance sale I'm afraid. Have you actually contacted them today and asked for a change in the colour?

martinsurrey

neilmcl wrote: »

You still didn't answer my question above but this bit I highlighted will rule it out from being a distance sale I'm afraid. Have you actually contacted them toady and asked for a change in the colour?

no it wouldn't, the phone is still a distance communication for the purposes of the act.

OP, have you ever met face to face with the retailer?

neilmcl

martinsurrey wrote: »

no it wouldn't, the phone is still a distance communication for the purposes of the act.

Only if they pay over the phone but the inference (possibly incorrect) was that the payment would be made to the guys delivering, and one would assume fitting the worktops.

martinsurrey wrote: »

OP, have you ever met face to face with the retailer?

The OP has so far been disinclined to make this clear.

unholyangel

neilmcl wrote: »

You still didn't answer my question above but this bit I highlighted will rule it out from being a distance sale I'm afraid. Have you actually contacted them today and asked for a change in the colour?

I understand why you've said the above but its not correct.

It depends when the contract is formed. When you use a click and collect (which is when this scenario usually arises on this board and the reason you're probably saying the above), no contract is formed until you pay in store and therefore, CCR rules on distance contracts (including right to cancel) do not apply. Where as if you pay online, the store is no more than the delivery address.

So either the contract has been formed at a distance and CCR cancellation rights apply or the contract has not been formed yet and therefore OP cannot be held to a contract that doesn't yet exist.

“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;