Cancelling on line orders

traceythorne

On Wednesday I placed an on line order with Boots.  Despite changing my address the order defaulted back to an address I haven't lived at for 10 years.  I immediately picked up the error and emailed Customer Services to amend the address.  I was informed the order cannot be altered in any way once made.  I instructed them to cancel the order and they refused to do this also.  After 4 emails to Customer Services, Boots continue to refuse to cancel my order.  I have informed them of my right to cancel under the Consumer Contracts Regulations and have now given them 14 days notice prior to issuing proceedings.  How can an organisation the size of Boots blatantly ignore domestic legislation - it is in their published policy you cannot cancel on-line orders?  Anyone else had similar issues any suggestions for a swift resolution?  

Aylesbury_Duck

Are you sure you're correct?  You do have a statutory right to cancel an order but depending on the process you may need to wait until you receive the goods to do so.  I don't think you have a right to cancel at any stage of your choosing - that would be impractical.  They perhaps have a system where it's difficult to stop something once it's in process.  It's possible that your order has instantly gone to a warehouse or manufacturer and to undo it now will be difficult.  

So I'm not convinced they're ignoring legislation and as such, they may be content to ignore your threat of proceedings.  

DiddyDavies

Aylesbury_Duck said:

Are you sure you're correct?  You do have a statutory right to cancel an order but depending on the process you may need to wait until you receive the goods to do so.  I don't think you have a right to cancel at any stage of your choosing - that would be impractical.  

Legally, the cancellation period begins as soon as the contract is entered and ends 14 days from the day after delivery into so the OP can cancel even before the goods have been delivered.

Aylesbury_Duck

DiddyDavies said:

Aylesbury_Duck said:

Are you sure you're correct?  You do have a statutory right to cancel an order but depending on the process you may need to wait until you receive the goods to do so.  I don't think you have a right to cancel at any stage of your choosing - that would be impractical.  

Legally, the cancellation period begins as soon as the contract is entered and ends 14 days from the day after delivery into so the OP can cancel even before the goods have been delivered.

At what stage is the contract entered into, though?  I don't know with Boots online orders.  Some retailers say it's when dispatch occurs.  I agree that OP can cancel but in the case of it being practically impossible (or unreasonably difficult) to do so, might Boots argue that cancellation will have to wait?  It was OP's mistake to enter the wrong address, after all.

Spank

When did it default to your old address? When you clicked buy or when you got the email?

unholyangel

Acceptance of orders
Working with industry-leading secure payment processors, we validate your order and the payment details you submit to us before your order can be accepted. Once that has been done, we will acknowledge that your order has been received by sending an e-mail to the e-mail address you provide in your registration form.
Your order is then subject to further validation checks we may choose to make. If your order passes our validation checks we will send you an order confirmation email, this is our acceptance of your order and it brings into existence a legally binding agreement between us.

So the question is OP, when did you pick up on it? Was it an acknowledgement email or a order confirmation? 

I mean you should still be able to cancel under CCRs and under CCRs cancellation is effective from when it is sent (not received). But if the order was never confirmed then there was never any contract and technically you didn't cancel, you withdrew your offer. 

In any event, if you need to go the CCR route (rather than withdrawl) then this might help:

33.—(1) If a contract is cancelled under regulation 29(1)—
(a)the cancellation ends the obligations of the parties to perform the contract, 

traceythorne

Thank you for the comments, they have been really helpful.  The order was confirmed that evening and it was on this email that I picked up it had defaulted to my old address.  I find it hard to fathom that a company the size of Boots can't do better.  I have ended up ordering the same product from an independent company who dispatched the next day and for cheaper.  Their Customer Service allowed a change in order right up to the point of dispatch.  I have also ordered from Amazon who again will let you change or cancel your order.  If the product comes through and it is not right you update your order, they send a QR code and you can send straight back.  The service from Boots is woeful and I shall never again enter into an on line transaction with them!  On the plus side them being so rubbish meant I used a company called Health and Care - they were fantastic, I cannot recommend them highly enough.