Online order cancellation charge prior to dispatch?

85_East

I've got an online order showing as 'processing' with Builder Depot as a private customer (not business). I enquired about cancelling the order and have been told there is a 'cancellation charge of £40 + VAT' for cancelling the order. Their T&Cs make no mention of this -
'You can cancel any on-line order (excluding bespoke or made to measure products) and receive a full refund (including standard delivery charges) by e-mailing info@builderdepot.co.uk (including order number, post code and telephone number) or by post to Returns, Builder Depot Limited, Station Road, New Southgate, London N11 1QJ at any time before the product is dispatched.’

'(b) Acceptance of your order will occur when we dispatch the goods you have ordered.'

There is mention of a collection charge for returns, however as far as I can see this is not applicable here as the order hasn't been dispatched (nor according to their T&C's accepted by them). According to them the order is being dispatched direct from the manufacturer, but it is not bespoke nor made to measure, and it was their choice to dispatch from the manufacturer, not mine.

Are they right to charge a cancellation fee?

societys_child

You can cancel any on-line order (excluding bespoke or made to measure products) and receive a full refund

What did they say when you quoted the above at them?

dj1471

If acceptance doesn't happen until dispatch they can't possibly charge a cancellation fee because no contract exists.

After dispatch, assuming you ordered as an individual for personal use, the CCRs allow you to cancel during the cooling off period for a full refund.

85_East

societys_child wrote: »

What did they say when you quoted the above at them?

Nothing, I've emailed a reminder asking for them to reply to my email but have had nothing back yet.

dj1471 wrote: »

If acceptance doesn't happen until dispatch they can't possibly charge a cancellation fee because no contract exists.

After dispatch, assuming you ordered as an individual for personal use, the CCRs allow you to cancel during the cooling off period for a full refund.

Yes, I'm keen to avoid having the item delivered and then having to return it as it is bulky, hence the reason for ordering online for delivery. My credit card has actually been charged for the order on the day of ordering, although dispatch hasn't happened- so this point about not acceptance being at dispatch is slightly confusing given the money has been taken.
Ironically this all started as I wanted to add another item to the order- and avoid having to pay 2x large item delivery charges; however I'm now looking to get all the items elsewhere

KeithP

85_East wrote: »

My credit card has actually been charged for the order on the day of ordering, although dispatch hasn't happened- so this point about not acceptance being at dispatch is slightly confusing given the money has been taken.

There should be no confusion there.

The two parties to a contract are free to choose when a contract is formed.

As you appear to have agreed to their terms which say a contract is formed upon despatch, then that is what happens.

Therefore, there is no contract in place until despatch, so no cancellation charge can be due because there is no contract to cancel before despatch.

DoaM

Contact your card company and do a chargeback / section 75 claim? (No contract was entered therefore you're entitled to a full refund - including any delivery charge).