Cancellation fee for a refund?

bighelp

Hi

I placed an order and paid for a fridge freezer from Powerdirect.co.uk on 25/ 7/19 (21 days ago). As of today 15/8/2019, they have not delivered the fridge freezer to me. After much waiting and frustration, I wish to cancel the order. However, they told me that the order has been dispatched and if I were to cancel they would charge me £49.50 + Vat.

They have sent me an email below.
"
"To cancel this order and have the goods returned there would be a cancellation fee off £49.50+vat."

"All the information with regards to cancelled orders after dispatch can be found on our website in the T&C's"

Regards
Customer Services Team
"

In their terms and conditions, powerdirect.co.uk state the following below.

"Refused and Non delivered items returned back to us due to no fault of PowerDirect or our Delivery Company are treated as "Returns" under our 14-Day Returns Policy and you will be liable for the costs of refused delivery and return of the goods back to us.

"Cost of return of a non-delivered standard kitchen appliance starts from £49.50 + Vat - please contact our customer services team for costs of other items."

What are my rights to a full refund?

Looking forward to your help, bighelp

[Deleted User]

You have the right to return the goods at no cost up to 14 days from delivery.

If they have your card details speak to your bank about a charge back if they charge you.

neilmcl

_shel wrote: »

You have the right to return the goods at no cost up to 14 days from delivery.

If they have your card details speak to your bank about a charge back if they charge you.

Where are you getting this from?

Yes, they have the right to cancel the order within 14 days but the OP is also obliged to bear the cost unless the seller has agreed otherwise or failed to provide the information about these costs.

Having said that, with the lack of proof that the goods have been actually dispatched I'd still argue that this is nothing to do with the costs to return the goods and therefore should not apply.

the_lunatic_is_in_my_head

neilmcl wrote: »

Having said that, with the lack of proof that the goods have been actually dispatched I'd still argue that this is nothing to do with the costs to return the goods and therefore should not apply.

From what I've read on here the right to cancel doesn't mean the right to stop the goods being dispatched.

unholyangel

It sounds like possibly a contract hasn't been formed.

2.5 Your order will be accepted and the creation of a legally binding contract between you and us will take place once the goods have been dispatched, or collected. (Alternatively, we may decline all or part of your order for any reason, in which case we will inform you in-person or by telephone or e-mail).

However, in order to be effective, acceptance needs to be communicated to the offeror. It can be through conduct but again, its only effective when its actually communicated to the offeror.

So....did they communicate to you in any way that they had dispatched the goods before you "cancelled" (it would actually be withdrawing your offer).