Online retailer - botched order and now won't refund

Jeff_Dee

I ordered an item from an online retailer as it was showing on their website as being in stock, for next day delivery. It never arrived the next day. The company said there'd been a mistake, as the item was actually out of stock and discontinued.

I cancelled the order and asked for a refund. 

The company later sent me the item anyway direct from their supplier. I called the company to explain I'd already cancelled the order as they'd told me previously it was out of stock. They advised me to reject the delivery on the doorstep and ask the courier to return it to sender. So I never took possession of the item at all.

Now the company are saying that they won't refund me until they've heard back from the supplier that the item has been returned.

I maintain that, as I never took possession of the item at all its whereabouts is irrelevant to me and I should have an immediate refund regardless. It was their mistake which resulted in it being sent to me after I cancelled the order.

Am I within my rights to insist on a refund immediately, if so what consumer regulation would cover this?

BTW, the reason I didn't want to take delivery is that I ordered the item from another supplier which arrived the next day.

Gavin83

You're certainly due a refund but it depends on what you mean by immediately as you realistically need to give them a reasonable length of time to process the refund. You also need to consider what you'd do if they don't refund in time. Ultimately any resolution to this will take a fair bit of time, likely far longer than any refund will take.

Personally in your shoes I'd just wait until the item is returned, it's likely to only take a few days anyway. Then if the refund isn't given push further at that point.

KatrinaWaves

Jeff_Dee said:

The company later sent me the item anyway direct from their supplier. I called the company to explain I'd already cancelled the order as they'd told me previously it was out of stock. 

How later is later, ie how long between you requesting a cancellation did they source you another. Did their initial OOS email make any mention of how they would try to solve the issue? This will (in my opinion) determine how reasonable it is for them to make you wait for a refund.

Manxman_in_exile

I think if the supplier had initially told me that the item was out of stock and discontinued, then I'd expect the refund to be processed PDQ, irrespective of the whereabouts of the item they should never have sent me.

I'm not saying that is the law, but that's what I'd want...

Jeff_Dee

Thanks for your speedy replies folks!

@Gavin

Their version of processing the refund includes finding out if the item has been returned. This has been going on since 17 December, so nearly a month. 

When I say 'immediate' I mean that the refund shouldn't depend on whether the item has been returned to them as I never took possession. 

If it's gone astray on its return journey that's a completely separate matter to be sorted out between the company, the courier and the supplier, nothing to do with me.

@Katrina

Their initial OOS email said clearly that it was out of stock with no ETA for restock, that's why I cancelled the order and went elsewhere. The mistake they made was that they didn't know that the supplier did actually have stock and later that afternoon shipped it, but by then it was too late for me.

@Manxman - my thoughts exactly. My fear is that they'll drag it out, I just wanted something legal I could mention to them the next time I contact them. I phoned them again on 6 January which is when they said they'd chase it, I told them I wanted the refund processed that day but they refused.

KatrinaWaves

Sounds like they tried to quickly rectify their error and get it sent to you. I think thats its probably fair enough for them to wait to get the item back, as they were trying to provide good service.

Regardless, any action you take will be unlikely to resolve before they get their item back anyway.

Just noticed that this has been going on for nearly a month now, even with Christmas etc id def be looking at different routes now. How did you pay? 

Jeff_Dee

I paid with PayPal - is it worth raising a complaint with them? I don't know what PayPal are like with this sort of thing. 
Also, if there's a specific consumer regulation relating to this that I could quote to them that would be helpful

Manxman_in_exile

I'd contact them once more.  Tell them you're giving them 28 days from the 17 December (or whatever the relevant date is) to refund you.

Point out none of this is your doing.  They advised you the item was both out of stock and discontinued, so you took the perfectly reasonable action of cancelling the order.  They wrongly managed to send the item to you anyway.  (I'm sure they thought they may have been doing the right thing, but having told you it was discontinued and you cancelling the order, they ought to have contatced you to see if you still wanted it).

They should never have sent it to you but, having done so, the fact it has not yet been returned to them by their courier is between them and their courier, and nothing to do with you.  It was never delivered to you and even if their courier never returns it, you are still entitled to your refund, so why delay paying your refund?

If that doesn't move them go to PayPal, or s75, or chargeback or MCOL etc

EDIT:  I'm not sure of the precise legislation but I'm pretty sure the 2015 Consumer legislation says refunds should be paid within a reasonable time period and I think it might specifically mention 28 days?  I'm sure someone else here will know the detail.