Order cancelled but still delivered - does this affect refund?

Advocado

I made a next-day order which didn't arrive.  After five days, I cancelled the order.

On the seventh day, the order arrived.  I informed the retailer who told me I should have rejected the delivery but I accepted it by signing for it.  I wasn't home when it was delivered and after asking for proof, the retailer sent me a copy of the courier's proof-of-delivery where the driver has kindly signed for it in my absence.

I've said the packages are available for them to collect, but the retailer has gone quiet, not arranged collection and, after two weeks, still no refund.

Considering I cancelled the order before delivery, does the fact I currently possess the goods affect the timing of the refund?

pinkshoes

How did you pay?

I would write again, stating they did not meet the contract term of next day delivery, you cancelled the order, and as the order has now arrived and was left on your doorstep while you were out, so you were not able to reject it, could they please now arrange collection within the next 14 days and issue a full refund. 

Ergates

They're *meant* to refund you without undue delay - not necessarily waiting to get the goods back, so should probably have already refunded you.

However, check the T&Cs they sent you either by email when you ordered or on paper with the goods - they may state that it's your responsibility to return the goods.  If they didn't send you any, then it isn't.

the_lunatic_is_in_my_head

It's unclear whether the retailer posted the goods after the OP cancelled or whether they had been delayed with the courier but typically the information states who must bear the return costs rather than on obligation to return as the cancellation regs cover the responsibilities.

The consumer must return the goods within 14 days of cancelling, unless the trader has offered to collect them or the goods were delivered to the consumer's home when the contract was entered into and could not, by their nature, normally be returned by post.

If it could be argued that paying for next day delivery meets either of the below then the consumer could treat the contract at an end, I assume then the trader should collect the goods at their cost. 

(b)delivery of the goods at the agreed time or within the agreed period is essential taking into account all the relevant circumstances at the time the contract was entered into, or

(c)the consumer told the trader before the contract was entered into that delivery in accordance with subsection (3), or at the agreed time or within the agreed period, was essential,

Advocado

They were despatched and I then cancelled.

Ordered Wednesday for delivery Thursday. 

I emailed Friday to complain about non-delivery and to ask why. Explained if they weren’t received by Monday it’d be too late - retailer said they were currently out for delivery, apologised and refunded the cost of next day delivery.

Didn’t arrive Friday or Monday so on Tuesday I cancelled.

Goods then arrived on Thursday, a week after they were due.

the_lunatic_is_in_my_head

I would say you have the obligation to return the goods unless the contract was formed upon delivery and the goods can not be returned by "post". 

You'd have to check the terms to see when acceptance occurs. 

If the trader wishes you to bear the cost of return they need to inform you of this via durable means (email, paper, etc) and also if the goods can not be returned by post the cost of return as well. 

It's been said here that "post" is the Post Office/Royal Mail, in my view couriers offer pretty much the same service, especially with drop off points and print in store services so whether something needed to go by a standard courier is by post or not may be debatable. 

Are you able to phone the company to discuss it with them? Refunding the cost of next day delivery when the parcel was late shows they appear to have some customer service skills. 

Sandtree

pinkshoes said:

How did you pay?

I would write again, stating they did not meet the contract term of next day delivery, you cancelled the order, and as the order has now arrived and was left on your doorstep while you were out, so you were not able to reject it, could they please now arrange collection within the next 14 days and issue a full refund. 

I'd double check the delivery page first of all to ensure you ordered what you think you did. There is shop I use in London when I am feeling flush and occasionally have mail-ordered from too... pre-covid their policy was dispatch was within 5 working days, standard delivery was 3-4 days from dispatch but you could pay £5 extra for next day delivery but that was next day from dispatch not next day from ordering and no promise of a quicker dispatch.

The OP says they cancelled after the goods had been dispatched and so if the company has to arrange collection or the OP has to send them back will depend on the companies standard operating procedure.