Wrong delivery address - can't change or cancel order

the_lunatic_is_in_my_head

Ditzy_Mitzy said:

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.

Thousands of orders going through a massive warehouse which is no doubt automated as much as possible, if the system doesn't have the option to cancel then that is it, what is reasonable is highly subjective.

The same happens on Amazon, they will try and cancel but if has got to a certain stage they message to say they aren't able to.

At a very quick glance I couldn't see H&M state acceptance is upon dispatch in their terms, from reading here my understanding is if the order hasn't been accepted there isn't a contract yet so and so it can be considered void if one party notifies to cancel. Perhaps the order confirmation email has more details on it regarding acceptance?

If acceptance has taken place then the OP needs to return the goods are per the usual. 

The Consumer Rights Act does dictate that "the goods remain at the trader’s risk until they come into the physical possession of— (a)the consumer, or (b)a person identified by the consumer to take possession of the goods." but in this instance if the OP refused to retrieve from the address supplied are they failing to mitigate their loses?

H&M aren't refusing to allow the OP to cancel, in fact they've offered to help by cancelling with the courier if possible

born_again

Ditzy_Mitzy said:

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.

Well S75 will be out as user error. 
Chargeback will no doubt be contested as deliver can be proved. (photo on doorstep & GPS tag) 

OP could contact people living in the old house to advise them, so they can pass it on.