Should I refuse delivery if I've tried to cancel the order?

duncanj

I ordered a Nintendo Switch and a game from Game on 30th November, which was supposed to arrive in two days. However, the days dragged on without a "dispatched" email. They took the money and went silent. I paid by credit card.

On Sunday 6th Dec I decided I didn't trust them to deliver (or to have stock), so I opened a support ticket and asked to cancel my order. I then ordered a Switch from Argos, which naturally arrived exactly when they said it would (good old Argos).

Game has not acknowledged my message (except by automated email, one day later). They don't provide help centre phone numbers to call or web chat. I foolishly checked out as a guest, so I don't have an order I can view online and cancel.

This morning they told me the game isn't going to arrive and will be refunded. This evening I got an email saying the Switch will be delivered tomorrow by Royal Mail.

My question is... should I refuse the delivery? I don't want the products and would prefer not to accept them and then have to pay to return the items (per Game's Ts&Cs). But I'm not sure whether refusing delivery is acceptable or even possible. Any thoughts on what to do next? It's not a huge deal to pay £10 (or whatever) to send it back recorded post, but it seems annoying when I asked a long time ago to cancel my order.

gozaimasu

Definitely refuse the delivery. If you don't answer the door to refuse in person then it'll go back to delivery office for 28 days before it goes back to the sender, so it depends how desperate you are for your money.

cymruchris

You ordered something because you wanted it - it's taken a few days longer to deliver it than they said it would - but don't you still actually want it? It seems a bit 'cut off your nose to spite your face'. If the game can't be delivered - you can source another copy elsewhere? It seems like you're going to make it into a long-winded, drawn out process of having to wait for the item to be returned because you didn't accept it, then for them to process it, then for them to refund you - it could be over a month before you get to that stage - and in the meantime - if you wanted one - you could have received it, used it and enjoyed it. Am I missing something?  

duncanj

cymruchris said:

You ordered something because you wanted it - it's taken a few days longer to deliver it than they said it would - but don't you still actually want it? It seems a bit 'cut off your nose to spite your face'. If the game can't be delivered - you can source another copy elsewhere? It seems like you're going to make it into a long-winded, drawn out process of having to wait for the item to be returned because you didn't accept it, then for them to process it, then for them to refund you - it could be over a month before you get to that stage - and in the meantime - if you wanted one - you could have received it, used it and enjoyed it. Am I missing something?  

Sorry! I forgot a crucial part of the story - I ordered the Switch from Argos instead and have received it. I've edited my question with that missing detail.

So this means I definitely don't want the Switch from Game. The question is how best to proceed from here, given that I've asked to cancel the order and it's arriving in a few hours to my house.

MattMattMattUK

You could refuse the delivery and the courier may well just leave it outside and mark it as delivered. Whilst you would probably be able to ultimately get it resolved, it might end up a total nightmare. If you live anywhere near a game you can return an online order to the store, that might be your easiest option.

cymruchris

duncanj said:

cymruchris said:

You ordered something because you wanted it - it's taken a few days longer to deliver it than they said it would - but don't you still actually want it? It seems a bit 'cut off your nose to spite your face'. If the game can't be delivered - you can source another copy elsewhere? It seems like you're going to make it into a long-winded, drawn out process of having to wait for the item to be returned because you didn't accept it, then for them to process it, then for them to refund you - it could be over a month before you get to that stage - and in the meantime - if you wanted one - you could have received it, used it and enjoyed it. Am I missing something?  

Sorry! I forgot a crucial part of the story - I ordered the Switch from Argos instead and have received it. I've edited my question with that missing detail.

So this means I definitely don't want the Switch from Game. The question is how best to proceed from here, given that I've asked to cancel the order and it's arriving in a few hours to my house.

I think to save time and ultimate hassle - I'd be accepting it and then returning it.

the_lunatic_is_in_my_head

Games sates:

Acceptance of your order and the formation of a contract between you and Us will take place when We send you an email confirming that the products you have ordered are being dispatched to you, unless We have notified you that We do not accept your order.

Regs state:

www.legislation.gov.uk/uksi/2013/3134/regulation/29/made

Right to cancel

29.—(1) The consumer may cancel a distance or off-premises contract at any time in the cancellation period without giving any reason, and without incurring any liability except under these provisions—

(a)regulation 34(3) (where enhanced delivery chosen by consumer);

(b)regulation 34(9) (where value of goods diminished by consumer handling);

(c)regulation 35(5) (where goods returned by consumer);

(d)regulation 36(4) (where consumer requests early supply of service).

(2) The cancellation period begins when the contract is entered into and ends in accordance with regulation 30 or 31.

(3) Paragraph (1) does not affect the consumer’s right to withdraw an offer made by the consumer to enter into a distance or off-premises contract, at any time before the contract is entered into, without giving any reason and without incurring any liability.

Game do claim:

For all other orders [those which aren't pre-orders], we take payment and begin the dispatch process immediately after the order is placed and therefore, it is not possible to cancel using the process below. 

But I think they would find it hard to argue they spent 10 working days dispatching a box to the OP and even if they could it appears not to affect the right to cancel before the contract was formed. It appears Game are bound to recover the goods at their own cost, although getting them to agree to that might be difficult.

born_again

gozaimasu said:

Definitely refuse the delivery. If you don't answer the door to refuse in person then it'll go back to delivery office for 28 days before it goes back to the sender, so it depends how desperate you are for your money.

Don't bank on that.
Often now they will simply leave on a door step as no signature is required. Especially if they think someone is at home (car on drive etc)

Even if they did take it back, that's 28 days at the PO, then who knows how long at game before the OP gets a refund.

duncanj

Thanks everyone for your advice. In the end I decided to accept the parcel and pay to send it back.

The point about cancelling without liability is interesting, but I think I’m just going to resign myself to losing £10 and learning not to shop at Game again. Their customer service is so bad that chasing that extra refund will probably take years off my life. 

cymruchris

duncanj said:

Thanks everyone for your advice. In the end I decided to accept the parcel and pay to send it back.

The point about cancelling without liability is interesting, but I think I’m just going to resign myself to losing £10 and learning not to shop at Game again. Their customer service is so bad that chasing that extra refund will probably take years off my life. 

If you remember - come back and update us as to how long it takes - could be useful for others to know when shopping in future