Order cancelled and told would get refund but received the item

powerful_Rogue

How much was the item and how did you pay? (Debit card, credit card, paypal etc)

mazhida

powerful_Rogue said:

How much was the item and how did you pay? (Debit card, credit card, paypal etc)

£185 and debit card.

unholyangel

mazhida said:

unholyangel said:

mazhida said:

unholyangel said:

Do their T&C's make acceptance conditional on dispatch? 

10.13.Cancellations – You can cancel your order free of charge if you request the cancellation in writing before we have dispatched it. Orders cancelled after Happy Beds have dispatched the product(s) will be considered as a return. See above for the possible charges.

This is what I was looking for:

2.2.All orders are subject to acceptance. All details supplied to Happy Beds must be true and accurate. If we accept the order, we enter into a contract with you.

I presume they did accept the order? 

My next consideration would then be whether they informed you before you entered the contract, how much it would cost to return. Because the CCRs require them to tell you (where the goods cannot be returned by normal post) that you are liable and what the cost is. The CCRs also state that if the trader does not comply with that, the contract is to be treated as including a term that the trader is liable for the return costs. 

I got an order confirmation so I would say yes they did

In terms of costs for return I had no idea until they told me they want £60 as it had been dispatched.

They went back on this after I provided them photos showing they had booked the item in with the courier after I had requested it to be cancelled.

Was it called an order confirmation? What did it say? In other words, was it simply confirming they had received your order (acknowledgement) or actually accepting the order you placed? 

Then the cost route may be your get out. Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013. Part 3 s35 & schedule 2 paragraph (m). 

mazhida

unholyangel said:

mazhida said:

unholyangel said:

mazhida said:

unholyangel said:

Do their T&C's make acceptance conditional on dispatch? 

10.13.Cancellations – You can cancel your order free of charge if you request the cancellation in writing before we have dispatched it. Orders cancelled after Happy Beds have dispatched the product(s) will be considered as a return. See above for the possible charges.

This is what I was looking for:

2.2.All orders are subject to acceptance. All details supplied to Happy Beds must be true and accurate. If we accept the order, we enter into a contract with you.

I presume they did accept the order? 

My next consideration would then be whether they informed you before you entered the contract, how much it would cost to return. Because the CCRs require them to tell you (where the goods cannot be returned by normal post) that you are liable and what the cost is. The CCRs also state that if the trader does not comply with that, the contract is to be treated as including a term that the trader is liable for the return costs. 

I got an order confirmation so I would say yes they did

In terms of costs for return I had no idea until they told me they want £60 as it had been dispatched.

They went back on this after I provided them photos showing they had booked the item in with the courier after I had requested it to be cancelled.

Was it called an order confirmation? What did it say? In other words, was it simply confirming they had received your order (acknowledgement) or actually accepting the order you placed? 

Then the cost route may be your get out. Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013. Part 3 s35 & schedule 2 paragraph (m). 

The title of the email
 "Order confirmed: (Order number)"
Inside the email it lists the item I ordered my adress and that they are preparing the order for dispatch.