Cancellation Rights

marcia_

goater78 said:

They will automatically refund you if you don’t turn up. Expect some reminder messages but if you ignore them at some point you’ll get the cost refunded. 

 Not if the stores policy says not, there are no legal rights to refund from things bought in store 

goater78

Ayr_Rage said:

goater78 said:

They will automatically refund you if you don’t turn up. Expect some reminder messages but if you ignore them at some point you’ll get the cost refunded. 

We don't know who the retailer is, I wouldn't bet on that outcome if it is not a major store.

Yes but this is a standard retail shopping scenario that happens frequently so it’s unlikely any store wouldn’t auto refund (unless it’s something unusual or bespoke). 

The alternative is the store keeps hold of this coat for years in case the OP ever decided to pick it up. It’s too much hassle so they’ll just refund at some point. 

dil1976

goater78 said:

Ayr_Rage said:

goater78 said:

They will automatically refund you if you don’t turn up. Expect some reminder messages but if you ignore them at some point you’ll get the cost refunded. 

We don't know who the retailer is, I wouldn't bet on that outcome if it is not a major store.

Yes but this is a standard retail shopping scenario that happens frequently so it’s unlikely any store wouldn’t auto refund (unless it’s something unusual or bespoke). 

Screwfix don't auto refund if you don't collect items paid for online, you have to ring up for it

the_lunatic_is_in_my_head

The idea of a blanket no refund isn't particularly correct.

Whilst there's no formal right to cancel a purchase in store a term which has the object or effect of permitting the trader to retain sums paid by the consumer where the consumer decides not to conclude or perform the contract, without providing for the consumer to receive compensation of an equivalent amount from the trader where the trader is the party cancelling the contract are likely to be unfair.

Effectively the trader should retain either any losses or any loss of of profit from the refund. If the coat is less than £150 it's probably not viable to enforce, if the coat is very expensive the profit element is likely to be on the higher side and walking away from the contract is probably a poor decision as you'd be better off accepting the goods and selling them on.

OP if you are still reading check if the store has a change of mind policy, if they do and you meet the terms they have to abide by it, if they don't then there's no harm in asking nicely if you can have a refund as you no longer want the cost, they may simply agree  

powerful_Rogue

the_lunatic_is_in_my_head said:

The idea of a blanket no refund isn't particularly correct.

Whilst there's no formal right to cancel a purchase in store a term which has the object or effect of permitting the trader to retain sums paid by the consumer where the consumer decides not to conclude or perform the contract, without providing for the consumer to receive compensation of an equivalent amount from the trader where the trader is the party cancelling the contract are likely to be unfair.

Effectively the trader should retain either any losses or any loss of of profit from the refund. If the coat is less than £150 it's probably not viable to enforce, if the coat is very expensive the profit element is likely to be on the higher side and walking away from the contract is probably a poor decision as you'd be better off accepting the goods and selling them on.

OP if you are still reading check if the store has a change of mind policy, if they do and you meet the terms they have to abide by it, if they don't then there's no harm in asking nicely if you can have a refund as you no longer want the cost, they may simply agree  

The trader isn't cancelling the contract, the consumer is.

Ayr_Rage

dil1976 said:

goater78 said:

Ayr_Rage said:

goater78 said:

They will automatically refund you if you don’t turn up. Expect some reminder messages but if you ignore them at some point you’ll get the cost refunded. 

We don't know who the retailer is, I wouldn't bet on that outcome if it is not a major store.

Yes but this is a standard retail shopping scenario that happens frequently so it’s unlikely any store wouldn’t auto refund (unless it’s something unusual or bespoke). 

Screwfix don't auto refund if you don't collect items paid for online, you have to ring up for it

They do however credit your account, so you can call or go and collect a refund.

5.10 If you do not collect your order within 21 days then your order will be cancelled, and the value of your order will be applied as a customer credit to your Screwfix Record. Please call or visit us to arrange a refund.

We still don't know who the retailer is in this case, so must of us are just advising of the consumer rights for an in store purchase, which is no automatic refund for a change of mind.

the_lunatic_is_in_my_head

powerful_Rogue said:

the_lunatic_is_in_my_head said:

The idea of a blanket no refund isn't particularly correct.

Whilst there's no formal right to cancel a purchase in store a term which has the object or effect of permitting the trader to retain sums paid by the consumer where the consumer decides not to conclude or perform the contract, without providing for the consumer to receive compensation of an equivalent amount from the trader where the trader is the party cancelling the contract are likely to be unfair.

Effectively the trader should retain either any losses or any loss of of profit from the refund. If the coat is less than £150 it's probably not viable to enforce, if the coat is very expensive the profit element is likely to be on the higher side and walking away from the contract is probably a poor decision as you'd be better off accepting the goods and selling them on.

OP if you are still reading check if the store has a change of mind policy, if they do and you meet the terms they have to abide by it, if they don't then there's no harm in asking nicely if you can have a refund as you no longer want the cost, they may simply agree  

The trader isn't cancelling the contract, the consumer is.

Yes I understand, what it means is the trader can't benefit from a windfall (keep the coat and the profit in this instance) without offering the consumer the same windfall in the hypothetical situation where it would have been the trader that cancelled. 

Basically the terms must be balanced. 

powerful_Rogue

the_lunatic_is_in_my_head said:

powerful_Rogue said:

the_lunatic_is_in_my_head said:

The idea of a blanket no refund isn't particularly correct.

Whilst there's no formal right to cancel a purchase in store a term which has the object or effect of permitting the trader to retain sums paid by the consumer where the consumer decides not to conclude or perform the contract, without providing for the consumer to receive compensation of an equivalent amount from the trader where the trader is the party cancelling the contract are likely to be unfair.

Effectively the trader should retain either any losses or any loss of of profit from the refund. If the coat is less than £150 it's probably not viable to enforce, if the coat is very expensive the profit element is likely to be on the higher side and walking away from the contract is probably a poor decision as you'd be better off accepting the goods and selling them on.

OP if you are still reading check if the store has a change of mind policy, if they do and you meet the terms they have to abide by it, if they don't then there's no harm in asking nicely if you can have a refund as you no longer want the cost, they may simply agree  

The trader isn't cancelling the contract, the consumer is.

Yes I understand, what it means is the trader can't benefit from a windfall (keep the coat and the profit in this instance) without offering the consumer the same windfall in the hypothetical situation where it would have been the trader that cancelled. 

Basically the terms must be balanced. 

How do you define 'keep the coat'?

If they place it on a shelf in the back office awaiting the OP to collect it, I wouldn't class that as keeping, rather storing awaiting collection.

the_lunatic_is_in_my_head

powerful_Rogue said:

the_lunatic_is_in_my_head said:

powerful_Rogue said:

the_lunatic_is_in_my_head said:

The idea of a blanket no refund isn't particularly correct.

Whilst there's no formal right to cancel a purchase in store a term which has the object or effect of permitting the trader to retain sums paid by the consumer where the consumer decides not to conclude or perform the contract, without providing for the consumer to receive compensation of an equivalent amount from the trader where the trader is the party cancelling the contract are likely to be unfair.

Effectively the trader should retain either any losses or any loss of of profit from the refund. If the coat is less than £150 it's probably not viable to enforce, if the coat is very expensive the profit element is likely to be on the higher side and walking away from the contract is probably a poor decision as you'd be better off accepting the goods and selling them on.

OP if you are still reading check if the store has a change of mind policy, if they do and you meet the terms they have to abide by it, if they don't then there's no harm in asking nicely if you can have a refund as you no longer want the cost, they may simply agree  

The trader isn't cancelling the contract, the consumer is.

Yes I understand, what it means is the trader can't benefit from a windfall (keep the coat and the profit in this instance) without offering the consumer the same windfall in the hypothetical situation where it would have been the trader that cancelled. 

Basically the terms must be balanced. 

How do you define 'keep the coat'?

If they place it on a shelf in the back office awaiting the OP to collect it, I wouldn't class that as keeping, rather storing awaiting collection.

Typically in store you pay and get handed the goods, at that point the contract is concluded so asking to change your mind after this point would be a flat no as far as I'm aware (store policy/goodwill aside).

In this instance as the contract has yet to be concluded (as the consumer hasn't taken possession of the goods) a trader can not force someone to conclude a contract.

Ayr_Rage

How about the case for bespoke goods ?

If the coat was modified at the customer's request then they are in a hole.