Wrong delivery address - can't change or cancel order

Pearl2020

Hi all, 
I placed an order with H&M last night but it had my old address saved as the delivery address. I accidentally proceeded with placing the order without realising it still had my old address.
I realised as soon as I saw it in the order confirmation email. I emailed back explaining the situation (I moved two weeks ago) and asked them to update my delivery address. If this was not possible, I asked them to cancel my order as I couldn't receive the parcel. As this was the evening, call lines/online chat was closed.
This morning I've been told that once an order has been placed it can't be amended or cancelled. This is before it's even been dispatched. 
They've told me I now have to wait until dispatch to inform them of the tracking number and then they will attempt to contact Hermes to ask them not to deliver. However, they repeatedly have told me that this is not guaranteed and Hermes may ignore the request and still deliver to the wrong address.
My concern is that Hermes will deliver to my old address and the new residents will accept the parcel. 
What are my rights if this does happen? I paid by credit card but it was my mistake that I didn't update the delivery address, despite my immediate attempts to rectify the mistake. 
I'm now concerned that I won't get a refund as H&M will claim it's my fault and the package was delivered although not received by me. 
Appreciate any reassurance/advice. Thank you. 

Ditzy_Mitzy

This is an absurd situation.  All right you made a mistake, but for a company to claim that an order not yet dispatched cannot be re-routed or cancelled is ridiculous.  Distance Selling Regulations give you the right to cancel the order up to 14 days after the goods are received and, crucially, for the entire period between the order being placed and delivery, however long that is.  Therefore, by refusing to cancel the order prior to dispatch, H&M has denied you your rights due under Distance Selling.
If it was me, I'd keep the evidence of your request to cancel and H&M's refusal, save all emails etc, and complete a chargeback or S75 as appropriate.  Leave H&M to pick up the pieces.

The_Rainmaker

It is your fault.

jonesMUFCforever

How did you pay? If with a card then a wrong address should have meant the transaction being declined. (I know you can get parcels delivered to a different address such as a work one, but there is no indication that is the case here).

DoaM

jonesMUFCforever said:

How did you pay? If with a card then a wrong address should have meant the transaction being declined.

Not necessarily - it depends if the seller's payment portal checks the address for every order ... usually they only do such a check for the first order. (Remember that the OP is already a verified customer - they're not a new one).

rach_k

Could you contact the people at your old house and explain your mistake?  They may be able to reject the parcel at the door if it does turn up - H&M bags are distinctive at least!  

prowla

Distance selling - cancel the order.

soolin

Ditzy_Mitzy said:

This is an absurd situation.  All right you made a mistake, but for a company to claim that an order not yet dispatched cannot be re-routed or cancelled is ridiculous.  Distance Selling Regulations give you the right to cancel the order up to 14 days after the goods are received and, crucially, for the entire period between the order being placed and delivery, however long that is.  Therefore, by refusing to cancel the order prior to dispatch, H&M has denied you your rights due under Distance Selling.
If it was me, I'd keep the evidence of your request to cancel and H&M's refusal, save all emails etc, and complete a chargeback or S75 as appropriate.  Leave H&M to pick up the pieces.

To cancel under the DSR rules the item needs to be returned, if buyer doesn’t get them then they can’t be returned. 

A merchant seller has to send to the address given to have merchant protection , even me as a tiny little seller I can’t change the address without giving up my seller protection. However, that doesn’t explain why they can’t just cancel before dispatch. However I don’t have to send to the address connected to the card, just to the one that buyer gives on the order. 

Ultimately though if OP doesn’t get the item and seller can prove delivery to the address they were given then buyer loses out. 

Ditzy_Mitzy

prowla said:

Distance selling - cancel the order.

She's asked to cancel the order and H&M has refused to do it, hence why distance selling regulations have been broken.

Ditzy_Mitzy

soolin said:

Ditzy_Mitzy said:

This is an absurd situation.  All right you made a mistake, but for a company to claim that an order not yet dispatched cannot be re-routed or cancelled is ridiculous.  Distance Selling Regulations give you the right to cancel the order up to 14 days after the goods are received and, crucially, for the entire period between the order being placed and delivery, however long that is.  Therefore, by refusing to cancel the order prior to dispatch, H&M has denied you your rights due under Distance Selling.
If it was me, I'd keep the evidence of your request to cancel and H&M's refusal, save all emails etc, and complete a chargeback or S75 as appropriate.  Leave H&M to pick up the pieces.

To cancel under the DSR rules the item needs to be returned, if buyer doesn’t get them then they can’t be returned. 

A merchant seller has to send to the address given to have merchant protection , even me as a tiny little seller I can’t change the address without giving up my seller protection. However, that doesn’t explain why they can’t just cancel before dispatch. However I don’t have to send to the address connected to the card, just to the one that buyer gives on the order. 

Ultimately though if OP doesn’t get the item and seller can prove delivery to the address they were given then buyer loses out. 

Thank you - looks like I'm behind the times.  Although in this particular case, where the buyer has requested to cancel the contract prior to any attempt being made to fulfil it, H&M does seem to be acting unreasonably.  This link:
https://www.gov.uk/online-and-distance-selling-for-businesses/online-selling
would appear to suggest that H&M should take "reasonable steps" to ensure that an error in an order can be corrected by a customer.  Flatly refusing to change the delivery address prior to despatch doesn't suggest reasonable steps have been taken.

mattyprice4004

I've seen this a few times, a couple of my business suppliers (who also deal with the public) have 'no changes can be made once order placed' messages when entering address details.

Ultimately the liability seems to be split here - you for making the mistake, and them for being unable to rectify it - so it may be worth going at it with a 'split the difference' offer of you paying half of the replacement order if it never arrives. 
Not sure a huge company like H&M will go for this, but in vaguely similar situations I've dealt with in my business I've usually agreed to split the cost of the error if both I and the customer have made mistakes leading to a loss.