Cancellation Rights

the_lunatic_is_in_my_head

Ayr_Rage said:

How about the case for bespoke goods ?

Ask me when we have one  

powerful_Rogue

the_lunatic_is_in_my_head said:

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 (sore 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.

Due to the consumer, no fault of the retailer.

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:

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 (sore 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.

Due to the consumer, no fault of the retailer.

Yes (post needs more words)

MarvinDay

the_lunatic_is_in_my_head said:

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 (sore 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.

That's a common misconception of what the term "conclusion of a contract" means.
A contract is concluded when one party makes an offer and the other party accepts that offer and is bound by it so by paying for the coat and the retailer accepting that payment, the contract has been concluded.

As with the OP's case, the goods haven't been taken possession of, the contract hasn't been completed but it has been concluded.

the_lunatic_is_in_my_head

Thanks @MarvinDay useful info  

43722

Thank you for all contributions. In the end it was a storm in my own head. The company concerned refunded me in full.