What are my rights re: cancelling a dodgy 3pinproducts order that’s dispatched from overseas?

martin2345uk

Hi guys,

I ordered a phone online yesterday from “3pinproducts”, and it said the following in terms of delivery:

Availability : Real time stock check unavailable so will be shipped from one of the below warehouses, whichever has stock available at time of dispatch....
Warehouse 1: UK - 3 days RM Special Delivery
Warehouse 2: Ireland - 7 days DHL

Warehouse 3: Australia - 25 business. No tracking available until 24-48 hours before arrival. Import fees & taxes included. UK model will be sent if shipped from here

Now this being an iPhone I naively assumed they’d have stock in the U.K., but nope they’ve emailed to say it’s dispatched from warehouse 3 and should arrive on December 1st. 

If I want to cancel do I need to wait for it to arrive and then do a return?

I used a credit cad to pay. 

Thanks!

Aylesbury_Duck

This lot again....there was a thread about them a while back.  I'd try and cancel now if you can but if I recall correctly, their terms said you had to return it within 14 days of receiving it.

There's a reason their prices look like a bargain.

martin2345uk

Hmmm, yes I see what you mean. 

If it doesn’t arrive do I have any protection at all..?

davidmcn

They're a UK company so you have UK consumer rights - where the goods are sent from doesn't affect that.

martin2345uk

Well I’ve submitted a cancellation request on their website and I’m now on hold to my credit card company. Thanks for pointing out that other thread, I can’t believe I was so daft!!

martin2345uk

Okay Tesco Credit Card say nothing I can do until 30 days after placing the order, OR 15 days after they accept my cancellation request, if nothing has been done by then. 

Turns out I’m much less savvy than I’ve always thought I was. 

Were_Doomed

Bear in mind that (it looks like) Tesco are treating this as a chargeback ... you still have the option to raise a Section 75 claim if the chargeback fails. (Any rights you have against the seller ... in this case under the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013, and also basic contract law ... you have joint rights against the credit provider under section 75 of the Consumer Credit Act 1974).

martin2345uk

Okay that's good to know. The company replied to me saying I have to wait till it's delivered, and then email them within 14 days for a returns label, so it's just a waiting game for now! I'm assuming either nothing will get delivered, or it will be a blatant counterfeit but let's see!

unholyangel

martin2345uk said:

Okay that's good to know. The company replied to me saying I have to wait till it's delivered, and then email them within 14 days for a returns label, so it's just a waiting game for now! I'm assuming either nothing will get delivered, or it will be a blatant counterfeit but let's see!

No you don't. And their terms and conditions seem to contradict your statutory rights. 

I didn't read all of them but the things that jumped out at me was them trying to disclaim liability for damage or loss of goods while they're in transit. Limiting rights for faulty goods to 14 days. Limiting right of return to unused and unopened. Only accepting cancellation via their webpage. 

And clearly they're a right numpty because they say the terms are governed by the laws of England, Scotland and Wales. 

isplumm

martin2345uk said:

Hi guys,

I ordered a phone online yesterday from “3pinproducts”, and it said the following in terms of delivery:

Availability : Real time stock check unavailable so will be shipped from one of the below warehouses, whichever has stock available at time of dispatch....
Warehouse 1: UK - 3 days RM Special Delivery
Warehouse 2: Ireland - 7 days DHL

Warehouse 3: Australia - 25 business. No tracking available until 24-48 hours before arrival. Import fees & taxes included. UK model will be sent if shipped from here

Now this being an iPhone I naively assumed they’d have stock in the U.K., but nope they’ve emailed to say it’s dispatched from warehouse 3 and should arrive on December 1st. 

If I want to cancel do I need to wait for it to arrive and then do a return?

I used a credit cad to pay. 

Thanks!

Silly question - but if their t&cs say it might take 25 business days & they have given you a date of 1st december 2020, then that is about right - so if they don't accept your cancellation, why would a bank get involved?
Mark

Were_Doomed

Because the company is a UK company and this was an online purchase. Therefore they're obliged to comply with specific UK legislation and UK contract law ... these allow the consumer to cancel the contract/withdraw their offer* prior to goods being shipped and the seller is obliged to give the consumer a full refund.

* If the seller's T&Cs say that contract is formed once they've sent a despatch notification then there is no contract until that notification is sent. Thus if the consumer sends their cancellation notice prior to receiving the despatch notification then there isn't actually a contract to cancel - the consumer would actually be withdrawing their offer for the goods.