Cancel order

Sue1000

Help please ,We ordered a table tennis table online for 750£ On 11/12/21 and had a change of mind as it hasn’t been delivered and called the company (fitness first) and they are refusing to cancel the order on the basis that when we ordered we clicked tick on small print that it is a special order and is is due to come from France and phone call records state that we agreed to this .They we’re rude and abrupt on the phone and when I asked for senior management to advice the same person has come back Saying consumer law stipulates that any cancellations of a bespoke or made to order item ,the customer may be liable for cost price and delivery costs should they request to cancel after they have agreed to terms of business .
is this true ?
is there no law to protect me ?
the product is apparently made In France and is not due to arrive here until next week 
please help 

user1977

Is it "bespoke or made to order"? Seems unlikely.

cx6

you are able to cancel online orders from a uk company up to 14 days after arrival. There are some exceptions but unless this table is bespoke ie made to your specifications as a one-of table then this won't apply

remind them of the law and say you want to cancel for a full refund.

how did you pay

pinkshoes

I think Fitness first are confusing what a bespoke order is.

I'm assuming you didn't ask for it to be engraved with your name along the table top?!?!? Or diamond encrusted wheels??

Assuming Fitness first are a UK company and based in the UK, then you are entitled to cancel. You will, however, be responsible for paying to return the item (to the UK), so as it has already been shipped, then you will probably have to pay for it to be returned to them.

Don't phone them. Put it in writing that you wish to cancel as per your rights under the 2015 Consumer Rights Act. 

Did they inform you about cancellation rights in a durable means when you ordered?

the_lunatic_is_in_my_head

Would be worth checking when acceptance occurs as if it hasn’t yet happened OP would simply be withdrawing their offer and the contract wouldn’t take place. 

OP do you have a link to the website where you purchased from?

Sue1000

Thanks a ton for your replies .We are in shock and not sure what to do .They are manipulative and are saying it’s our fault .

Sadly we paid using our visa debit card !
We have not asked for anything personal on the table ! They have confirmed the table isn’t even in UK yet until 12/1/22.

I am unable to post the link as I am new here-if you google fitnessfirst-superstore uk -it’s the cornilleau competition  ITTF-740 table .
.Here is her reply to me asking them to ask her senior-Please advice what I should do

I have consulted with my manager and they advise that the decision still stands that the item you purchased is not cancellable as it is made to order (which is why the product is advertised as non cancellable).

We have checked the legalities of the purchase and all governing bodies highlight that any made to order product is non cancellable – the item was advertised as such and the calls/email we sent to you asked you to confirm you were happy to proceed on this basis before the order was sent to our supplier.

Consumer law stipulates that any cancellations of a bespoke or made to order item, the customer may be liable for cost price of product and delivery costs should they request to cancel after they have agreed to the terms of business.

Should you decide you would like this option, we will ask our procurement team to confirm the costs involved and will notify you in writing by request.

user1977

Sue1000 said:

I am unable to post the link as I am new here-if you google fitnessfirst-superstore uk -it’s the cornilleau competition  ITTF-740 table .

Do you mean Fitness Superstore? (not Fitness First, which is the gym chain)

Their terms are here:

https://www.fitness-superstore.co.uk/terms-and-conditions

and even they only refer to

"This does not apply to items made to your specification, perishable goods or goods purchased in store", not "made to order".

cx6

You do have chargeback rights with your debit card but first try and get the seller to understand they are acting illegally as made to order is not bespoke

tell them you want a refund under the distance selling regulations or you will go to trading standards and also ask.your card for a chargeback for the reason of acting contrary to the law

https://www.gov.uk/online-and-distance-selling-for-businesses

the_lunatic_is_in_my_head

cx6 said:

You do have chargeback rights with your debit card but first try and get the seller to understand they are acting illegally as made to order is not bespoke

tell them you want a refund under the distance selling regulations or you will go to trading standards and also ask.your card for a chargeback for the reason of acting contrary to the law

https://www.gov.uk/online-and-distance-selling-for-businesses

Just to kindly clarify, OP would be seeking a refund under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, I assume that's what you were referring to but best to try to avoid confusion with the old DSR regs

OP the limitations are:

www.legislation.gov.uk/uksi/2013/3134/regulation/28

the supply of goods that are made to the consumer's specifications or are clearly personalised;

Made to order or such is not covered and you need to point them to the above legislation and advise if they don't wish to cancel you'll be looking to take small claims action to recover your refund, first step is a letter before action (templates on Google) with a brief and non-emotive account, what should occur and a reasonable time-frame. 

Worth a note if a trader wishes for the consumer to bear the return costs they must state so via durable means and if the goods can not be returned by post, I think the average person would agree a table tennis table can not be, then an estimation of the return costs. 

Check your emails and any paperwork that arrives with the goods and if both aren't mentioned add the cost of return to your claim.

www.legislation.gov.uk/uksi/2013/3134/regulation/35

(5) The consumer must bear the direct cost of returning goods under paragraph (2), unless—

(a)the trader has agreed to bear those costs, or

(b)the trader failed to provide the consumer with the information about the consumer bearing those costs, required by paragraph (m) of Schedule 2, in accordance with Part 2.

www.legislation.gov.uk/uksi/2013/3134/schedule/2

(m) where applicable, that the consumer will have to bear the cost of returning the goods in case of cancellation and, for distance contracts, if the goods, by their nature, cannot normally be returned by post, the cost of returning the goods;

Just add I couldn't see anything about acceptance in the T&Cs (may have missed it) so you may already have a contract but the order confirmation email might advise further on when acceptance takes place (usually on dispatch but it's unclear from the posts so far if they are shipping from France direct to you or to them and then forwarding and whether it's left France yet). 

deannagone

I wonder if the OP can just refuse to accept delivery of the item and start from there as far as refunds are concerned? The delivery company may refuse to take the item back, but if they don't, it places responsibility for the transport on the selling company.  

I'd be asking for the company to supply tracking information too so you can verify where the table is.  The company may be lying about it being on its way.  I've had this happen to me and successfully argued they had time to cancel the delivery because it was still stuck in a warehouse when I communicated that I wanted to cancel.  I'm not saying they are definitely lying of course, the table could be on its way as they say too. 

TELLIT01

Ordered on 11/12, when did you try to cancel?