Cancelling/tefund when having already placed an order?

robdex1

I ordered a spare car part last Friday. I spoke to someone on the phone saying that the estimated delivery date will be 22nd-24th August. Tuesday I receive an email from customer service asking to confirm the part no. so the order could be processed. I had already done this on the phone and assumed it was all sorted. The next day I received an email saying its been processed and is expected 3rd September.  I need it before then and I have emailed and called but I can't get hold of anyone. The delivery just said standard UK delivery £12 so I didn't expect it to take this long. 

I've found somewhere else to buy it next day delivery and I'm thinking if I can get hold of this company to cancel my order or send it back when it arrives. What rights do I have? It says returns subject to 20% handling fee at the managers discretion.  If I order the other part I've found might I have trouble getting my money back? 

the_lunatic_is_in_my_head

Where did you buy from OP?

RefluentBeans

It depends when the contract undergoes an acceptance. It’s often when the order is dispatched but can vary. This is when the contracts is formalised - it’s rare for it to be the point of order (in case the retailer has the wrong price for the item), so I think up until that point either party can withdraw. 

This should be in the terms and conditions, so if you could let us know who it was you purchased it from, we can check their terms too. 

robdex1

RefluentBeans said:

It depends when the contract undergoes an acceptance. It’s often when the order is dispatched but can vary. This is when the contracts is formalised - it’s rare for it to be the point of order (in case the retailer has the wrong price for the item), so I think up until that point either party can withdraw. 

This should be in the terms and conditions, so if you could let us know who it was you purchased it from, we can check their terms too. 

It is from onesgroup.co.uk. I have read elsewhere that if I have not yet received the item that I am within my rights to cancel it and if I don't get confirmation within 24 hours then I can claim a chargeback?

sheramber

 https://onesgroup.co.uk/terms-and-conditions

• Mail order: Under selling regulations a PRIVATE CONSUMER has a 14 day “cooling off” period in which he/she may return the goods to us for a refund. However delivery is a separate contract and once completed is non refundable. Goods once signed for are to be returned at the Customers expense. In the event that a part is supplied as ordered but the customer had ordered incorrectly, we must be contacted immediately. Refunds will only be made upon the return of the goods to our premises.

robdex1

sheramber said:

 https://onesgroup.co.uk/terms-and-conditions

• Mail order: Under selling regulations a PRIVATE CONSUMER has a 14 day “cooling off” period in which he/she may return the goods to us for a refund. However delivery is a separate contract and once completed is non refundable. Goods once signed for are to be returned at the Customers expense. In the event that a part is supplied as ordered but the customer had ordered incorrectly, we must be contacted immediately. Refunds will only be made upon the return of the goods to our premises.

Thanks. That says once delivery is completed it is none refundable. I haven't yet received the item so I should be within my right to cancel the order?

born_again

robdex1 said:

RefluentBeans said:

It depends when the contract undergoes an acceptance. It’s often when the order is dispatched but can vary. This is when the contracts is formalised - it’s rare for it to be the point of order (in case the retailer has the wrong price for the item), so I think up until that point either party can withdraw. 

This should be in the terms and conditions, so if you could let us know who it was you purchased it from, we can check their terms too. 

It is from onesgroup.co.uk. I have read elsewhere that if I have not yet received the item that I am within my rights to cancel it and if I don't get confirmation within 24 hours then I can claim a chargeback?

On what basis are you looking to chargeback?

Non receipt of goods is 15 day Visa & 30 days Mastercard. Both from date of debit. They can be done earlier, but require a date it was due to be delivered & as such needs to be in writing. Which can easily take as long to get evidence to bank.

But if you have cancelled & they have proof, then the above will fail.

Non receipt of refund is again same timescales & requires proof retailer has refunded (eg refund receipt)

RefluentBeans

robdex1 said:

sheramber said:

 https://onesgroup.co.uk/terms-and-conditions

• Mail order: Under selling regulations a PRIVATE CONSUMER has a 14 day “cooling off” period in which he/she may return the goods to us for a refund. However delivery is a separate contract and once completed is non refundable. Goods once signed for are to be returned at the Customers expense. In the event that a part is supplied as ordered but the customer had ordered incorrectly, we must be contacted immediately. Refunds will only be made upon the return of the goods to our premises.

Thanks. That says once delivery is completed it is none refundable. I haven't yet received the item so I should be within my right to cancel the order?

I read that as legalese (although very poor legalese) for ‘delivery fees non-refundable once delivered’. So that would suggest they are refundable if not delivered (ie you cancel your order). 

OP - I would try and keep contacting them to cancel the order. Given the change in date I’m sure they will be able to accept the cancelled order. I personally dislike chargebacks, as they are very much at the whim of the card issuer and they can be rejected by the business - and I don’t think a delay of a week or so is enough time to warrant the non-delivery aspect. 

The order seems like you’d be able to refund the item but not the delivery fee. 

the_lunatic_is_in_my_head

Looks like they mainly deal with trade as their terms are poor (they have to refund the outward delivery fee with the exceptions of delivery upgrades above the basic service).

No mention of acceptance that I saw so I would assume it's deemed to have occurred. 

Unfortunately very difficult to enforce getting £12 back really although you can quote the regs to them:

https://www.legislation.gov.uk/uksi/2013/3134/regulation/34

(2) The trader must reimburse any payment for delivery received from the consumer, unless the consumer expressly chose a kind of delivery costing more than the least expensive common and generally acceptable kind of delivery offered by the trader.

If the part was over £100 and on a credit card S75 would apply giving you options with the card provider. 

robdex1

born_again said:

robdex1 said:

RefluentBeans said:

It depends when the contract undergoes an acceptance. It’s often when the order is dispatched but can vary. This is when the contracts is formalised - it’s rare for it to be the point of order (in case the retailer has the wrong price for the item), so I think up until that point either party can withdraw. 

This should be in the terms and conditions, so if you could let us know who it was you purchased it from, we can check their terms too. 

It is from onesgroup.co.uk. I have read elsewhere that if I have not yet received the item that I am within my rights to cancel it and if I don't get confirmation within 24 hours then I can claim a chargeback?

On what basis are you looking to chargeback?

Non receipt of goods is 15 day Visa & 30 days Mastercard. Both from date of debit. They can be done earlier, but require a date it was due to be delivered & as such needs to be in writing. Which can easily take as long to get evidence to bank.

But if you have cancelled & they have proof, then the above will fail.

Non receipt of refund is again same timescales & requires proof retailer has refunded (eg refund receipt)

On the basis that they told me an earlier delivery date originally but only over the phone. Also the fact that I sent four emails and called and left a message and they have ignored me and the item has just arrived today 

RefluentBeans

robdex1 said:

born_again said:

robdex1 said:

RefluentBeans said:

It depends when the contract undergoes an acceptance. It’s often when the order is dispatched but can vary. This is when the contracts is formalised - it’s rare for it to be the point of order (in case the retailer has the wrong price for the item), so I think up until that point either party can withdraw. 

This should be in the terms and conditions, so if you could let us know who it was you purchased it from, we can check their terms too. 

It is from onesgroup.co.uk. I have read elsewhere that if I have not yet received the item that I am within my rights to cancel it and if I don't get confirmation within 24 hours then I can claim a chargeback?

On what basis are you looking to chargeback?

Non receipt of goods is 15 day Visa & 30 days Mastercard. Both from date of debit. They can be done earlier, but require a date it was due to be delivered & as such needs to be in writing. Which can easily take as long to get evidence to bank.

But if you have cancelled & they have proof, then the above will fail.

Non receipt of refund is again same timescales & requires proof retailer has refunded (eg refund receipt)

On the basis that they told me an earlier delivery date originally but only over the phone. Also the fact that I sent four emails and called and left a message and they have ignored me and the item has just arrived today 

Your original post said an estimated delivery, estimates can change. Chargebacks are not a statutory right - and as such Visa/Mastercard can make up their own rules for it. I think you’d have a hard time to get a chargeback to stick. Academic at this point as you have the product. 

I think you should be able to return it, just less the delivery fees if you wanted to.