Can I be charged a delivery fee if I cancel before dispatch?

ptolomy

We ordered a bed and then realised a couple of days later that it wasn’t going to fit the space (yes, I know we should have checked more thoroughly first, we made a mistake with the measurements and wanted to catch their sale that was apparently ending within a few hours but is in fact still on). 

We emailed to cancel the order and have been told that we will be charged the £60 delivery fee as they booked the courier already. So even if they cancel before dispatch the courier will charge them so they pass it on. Apparently this is in the t&cs but we hadn’t seen it. We thought that we had read that there was a £60 fee to return an item but understood that was the return postage cost. 

Can they charge us even if it’s not dispatched? I assumed when we ordered it that we had the right to cancel without charge as it was an online order.
Thanks

Okell

Assuming this is a distance contract and that the right to cancel applies, then I don't see how they can justify keeping (or charging you) with a delivery fee - unless you chose a more expensive kind of delivery than that normally offered by the trader.

[Edit:  I know they haven't actually delivered anything to you, but that makes your argument even more strong]

Quote regulation 34(1) and (2) of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk) to them.

"34.—(1) The trader must reimburse all payments, other than payments for delivery, received from the consumer, subject to paragraph (10).

(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."  [My bold for emphasis]

They must reimburse you without delay and no later than 14 days after you have informed them you are cancelling.

NB - the above all assumes that the right to cancel exists and that the order wasn't personalisied or made to your own specification

ptolomy

Thank you for this, I couldn’t find the answer when I googled. 

We have emailed them this but had no reply and they don’t answer the phone. They had a few bad reviews, I should have taken more notice!

Kim_13

Can you find a different bed that will fit and have them send that instead? 

the_lunatic_is_in_my_head

Okell said:

Assuming this is a distance contract and that the right to cancel applies, then I don't see how they can justify keeping (or charging you) with a delivery fee - unless you chose a more expensive kind of delivery than that normally offered by the trader.

[Edit:  I know they haven't actually delivered anything to you, but that makes your argument even more strong]

Quote regulation 34(1) and (2) of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk) to them.

"34.—(1) The trader must reimburse all payments, other than payments for delivery, received from the consumer, subject to paragraph (10).

(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."  [My bold for emphasis]

They must reimburse you without delay and no later than 14 days after you have informed them you are cancelling.

NB - the above all assumes that the right to cancel exists and that the order wasn't personalisied or made to your own specification

This is correct and also worth checking if the company says acceptance occurs upon dispatch in the T&Cs, if so there isn't a contract before dispatch occurs and you can simply withdraw your offer to buy. 

Okell

the_lunatic_is_in_my_head said:

Okell said:

Assuming this is a distance contract and that the right to cancel applies, then I don't see how they can justify keeping (or charging you) with a delivery fee - unless you chose a more expensive kind of delivery than that normally offered by the trader.

[Edit:  I know they haven't actually delivered anything to you, but that makes your argument even more strong]

Quote regulation 34(1) and (2) of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk) to them.

"34.—(1) The trader must reimburse all payments, other than payments for delivery, received from the consumer, subject to paragraph (10).

(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."  [My bold for emphasis]

They must reimburse you without delay and no later than 14 days after you have informed them you are cancelling.

NB - the above all assumes that the right to cancel exists and that the order wasn't personalisied or made to your own specification

This is correct and also worth checking if the company says acceptance occurs upon dispatch in the T&Cs, if so there isn't a contract before dispatch occurs and you can simply withdraw your offer to buy. 

I considered that too.  But then I thought it would be a particularly daft trader to argue that there was no contrcat to cancel when they've just been trying to persuade the OP that he was bound by the terms of this non-existent contract.