Gardening Express - Chargeback request made through bank but GE now attempting to deliver item

Stuks

I wondered if anyone could help. I bought some plants from Gardening Express at the end of April. They stated that delivery at busy periods could take up to 15 working days. I allowed over this and past the 30 days as provided by the Direct Selling Regulations. At the start of June, I have sent several requests and support tickets to have my order cancelled and they have refused saying that neither I nor they can cancel my order at that stage, even though it showed my order as simply 'processing'. I therefore made a chargeback request through my bank and this is still ongoing.  Having notified GE that I had made the chargeback request, they are now proceeding with my order in any event, and I have now received notification they are shipping part of my order - again despite numerous requests for the order to be cancelled.
I am now unsure as to what my rights are - should I refuse delivery when the courier arrives because clearly this would void any such chargeback claim I have made? Or do I have to accept delivery and return the goods at my own cost, even though I have plenty of evidence of my requests to cancel? I appreciate that some may say just receive the plants; however from recent research it would appear that most plants are arriving dead and my money is very tight right now. 

DoaM

Online purchase? You can cancel at any time prior to dispatch. Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013 refer.

Stuks

Hi DoaM - I have been trying to cancel prior to dispatch since 1st June but the website in 'My Account' section states that you can only cancel via a link which is valid for 24 hours. I received the below from their 'Customer Service' Team in response on 2nd June: 

You are able to cancel the order yourself for up to 24hrs after order placement. To do this you will need to locate the order that you are not happy with in your account area and click the cancel button, this will cancel and automatically refund the order.

 Please note, due to our automated processes and order volumes, after this time it will not be possible for you, or us, to cancel any order prior to shipment.
So they removed the ability to cancel even though I requested several times after the CCR 2013 30 day period and prior to them shipping - they ignored my requests to do so. Their site also states that if you refuse delivery they will deduct 25% of your order value to cover shipping costs - but it was my belief that the seller must bare the cost? 

DoaM

On face value it looks like their terms are in breach of the Unfair Terms in Consumer Contracts Regulations (or whatever they're called these days). And if they define a cancellation method then not make it available, the law only says that you need to make reasonable efforts to inform the seller of cancellation. If you have email records of this then that should suffice.

Has the payment actually been taken from your account? How did you pay? Debit card?

Stuks

I have several support tickets and allowed them even 7 days to rectify etc, all in writing. I paid by way of debit card so I have made a claim through my bank for chargeback but this is still processing. I think my main concern is that if the chargeback investigation takes say, 14 days, and in the interim my plants are shipped, what my right is to refuse deliver or whether I should legally accept the delivery despite my numerous attempts to cancel prior to shipment. I suppose if that is the case, then I will just have to accept the order and accept that any attempt to cancel is voided - hopefully any products received will be in good order. 

Stuks

I should add that payment was taken a day after order made (back at end of April)

ppyim

DoaM said:

On face value it looks like their terms are in breach of the Unfair Terms in Consumer Contracts Regulations (or whatever they're called these days). And if they define a cancellation method then not make it available, the law only says that you need to make reasonable efforts to inform the seller of cancellation. If you have email records of this then that should suffice.

Has the payment actually been taken from your account? How did you pay? Debit card?

I (and many others from review website) have the same issue with this doggy company. As DoHope said Gardening Express is obviously breaching regulation. But our worry is that how to protect our rights and fight with this greedy company. What steps we should take? I am going to refuse the delivery but someone said that the courier will simply leave the parcel on front door. 
 

sheramber

At present couriers are not handing over parcels but leaving on the doorstep and knocking/ringing the bell. They then step back to wait for you to open the door to check off the delivery on their machine.
One of our  couriers waits in his van and drives off as soon as the  door is opened
You would need to catch the courier when he drew up.

DoaM

sheramber said:

At present couriers are not handing over parcels but leaving on the doorstep and knocking/ringing the bell. They then step back to wait for you to open the door to check off the delivery on their machine.
One of our  couriers waits in his van and drives off as soon as the  door is opened

Exactly what happened today for me when a Father's Day pressie arrived from my daughter.

born_again

What chargeback right was used?
Non reciept? 
Timescale for a dispute is 45 days from when it was instigated by bank. That is how long the retailer has to contest it. Although bank may say longer as it will take them time to process any rejections.
You will have to make sure your are in to refuse delivery, as many co's simply leave products and take photo to prove delivery.

Don not mention yoy have cancelled to bank, or it is a straight technical loss on non receipt.