Right to cancel an order.

joshnator1

Hi all,

I placed a pre order for something back in June which should have been released back at the end of November, I contacted the company who have told me that their supplier has not shipped the items to them, which means it will be another 3-4 months before the items arrive as they get them via boat. What are my rights if I want to cancel the order, can I get a refund? Any advice would be great.

Thanks

jon81uk

Yes you have the right to cancel and get a refund 

joshnator1

That is what I thought, is their anything I can do if they refuse to refund me as I paid via debit card.

KeithP

joshnator1 said:

That is what I thought, is their anything I can do if they refuse to refund me as I paid via debit card.

Have you seen MSE's Chargeback article?

Although there is a 120 day limit in there somewhere.

joshnator1

I think it would be under failed delivery so the 120 days may start from the end of November.

Ergates

You mention a boat - presumably the goods are coming from overseas.   Is the retailer based in the UK? 

If not, you might have to make use of whatever consumer protection laws they have in their home country.

y3sitsm3

Ergates said:

You mention a boat - presumably the goods are coming from overseas.   Is the retailer based in the UK? 

If not, you might have to make use of whatever consumer protection laws they have in their home country.

Most products in the UK come via (a very big) boat (some people call them ships).  The rest come via air (very expensive) or via the Channel Tunnel.

It seems odd you'd fixate on the items coming via boat as meaning the retailer is not in the UK.

joshnator1

Ergates said:

You mention a boat - presumably the goods are coming from overseas.   Is the retailer based in the UK? 

If not, you might have to make use of whatever consumer protection laws they have in their home country.

The retailer is in the UK most retailers import goods via boat as it’s cheap

Jenni_D

If you ordered online from a UK seller (and the seller abided by their legal obligations per the CCRs) then you can cancel the order at any time up to 14 days beginning the day after delivery. (If the seller didn't abide by their obligations then you have up to 1 year and 14 days).

Manxman_in_exile

Jenni_D said:

If you ordered online from a UK seller (and the seller abided by their legal obligations per the CCRs) then you can cancel the order at any time up to 14 days beginning the day after delivery. (If the seller didn't abide by their obligations then you have up to 1 year and 14 days).

And, perhaps more importantly in this case if the contract hasn't been "entered into" yet*, the consumer can withdraw their offer to buy at any time.  No reason required and no liability.

See s29(3) The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. 

 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)


*That's assuming a distance sale and that the T&Cs say - as most seem to - that a contract is only formed on dispatch of the goods to the consumer.

theonlywayisup

joshnator1 said:

That is what I thought, is their anything I can do if they refuse to refund me as I paid via debit card.

Why do you think there would be an issue?