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

Sandtree

Were_Doomed said:

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.  

The OP stated:

martin2345uk said:

 they’ve emailed to say it’s dispatched from warehouse 3 and should arrive on December 1st. 

Not disputing the legal logic but the OP seems to suggest its already in transit and therefore the contract has been formed.

Were_Doomed

In which case they're cancelling the contract rather than withdrawing their offer .. this doesn't change their legal right to cancel.  

martin2345uk

I’m a bit confused now - are you guys saying I should be able to cancel my order without having to wait over a month for the thing to arrive?

born_again

Were_Doomed said:

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.  

Taking it you are responding to isplumm.
Bank do not get involved in consumer regulations. Chargeback are over & above your legal rights.
So isplumm is right bank will not get involved at the moment. 
In fact non receipt of refund would require something from the company stating they have refunded £mount on Day done to card ending 1234.
Odds on getting that?
No non receipt of goods when a order is cancelled.

Were_Doomed

@isplumm responded to the OP, so I responded to them. OP paid by credit card ... no bank involved (other than a bank may own the CC company).

martin2345uk

Sorry maybe I used bad terminology, what I said bank I just meant the Tesco Credit Card provider who call themselves Tesco Bank

unholyangel

martin2345uk said:

I’m a bit confused now - are you guys saying I should be able to cancel my order without having to wait over a month for the thing to arrive?

Yes, that's what we're saying
https://www.legislation.gov.uk/uksi/2013/3134/regulation/32/made

(2) To cancel a contract under regulation 29(1), the consumer must inform the trader of the decision to cancel it.
(3) To inform the trader under paragraph (2) the consumer may either—
(a)use a form following the model cancellation form in part B of Schedule 3, or
(b)make any other clear statement setting out the decision to cancel the contract.

<snip>

(4) Reimbursement must be without undue delay, and in any event not later than the time specified in paragraph (5) or (6).
(5) If the contract is a sales contract and the trader has not offered to collect the goods, the time is the end of 14 days after—
(a)the day on which the trader receives the goods back, or
(b)if earlier, the day on which the consumer supplies evidence of having sent the goods back.
(6) Otherwise, the time is the end of 14 days after the day on which the trader is informed of the consumer’s decision to withdraw the offer or cancel the contract, in accordance with regulation 44.

martin2345uk

Finding it all quite confusing :-(
Am I best off waiting til the given delivery date of December 1st, then if I get nothing pursue via the credit card company... or am I best off trying to get the company to cancel now and refund me directly..?

mattyprice4004

No company will do anything while it's floating around in the postal system, and they'll likely have no way to recall the parcel once sent. You'll just have to hang on for it to arrive, and return it then. 

Also, I hate to say it but that's an awful website - I wouldn't consider it savvy to have even entertained ordering with them. 
There's no such thing as a free lunch, if a badly-written website offers an iPhone for less than everywhere else there's usually a reason for it... 

Blackbeard_of_Perranporth

As OP was buying a trinket with a massive discount, they are at the mercy of their delivery. But hang on! Their terms are quite clear here!
https://www.3pinproducts.com/index.php?route=information/information&information_id=4

Well I wonder of OP has cancelled?