Company Cancelling Part of Order - Rights

Jocen

Hi
Can anyone advise what rights I may have. 

I order an item let’s say for £10, delivery from the company was £4.99. I ended up adding in a smaller item for £3. Had I not been ordering the other item I wouldn’t have bought the smaller item and certainly not with £4.99 postage. 

The company have cancelled the more expensive item due to no stock. I contacted them straight away and said I therefore wanted to cancel the full order but they have stated it has already been despatched. I can return the small item at my cost but will only be refunded the £3. Therefore it’s not worth me doing this for cost of posting back. I feel if they were going to cancel part of the order they should have either cancelled it in full or check whether I still wished to go ahead. 

Do I have any legal rights? I know it’s not a lot but it’s the principle that’s just is wrong

Thanks
Joanne

the_lunatic_is_in_my_head

Hello OP

Similar thread with answers here  

https://forums.moneysavingexpert.com/discussion/6570774/one-item-out-of-several-stock-refund#latest

Jocen

Thank you - feeling slight embarrassed at my search skills having attempted to look for something similar prior to posting 😀

SiliconChip

Jocen said:

Thank you - feeling slight embarrassed at my search skills having attempted to look for something similar prior to posting 😀

Don't beat yourself up about it, the site search facilty is awful, it's much better to do a Google (or alternatoive) search appending moneysavingexpert to the search terms, that's much more likely to find relevant threads.

Jocen

As a bit of an update I’ve now been pointed to some wording buried in their t&c. Do you think I have any comeback
 In the event one or more articles should be out of stock after the order, Macron Retail UK Limited will proceed to deliver the remaining articles ordered by the customer. The partial delivery of the ordered products will still be valid and the customer will not be entitled to refuse the delivery. In case of payment in advance, a solution will be arranged with the customer for the compensation of the lacking item. 

jon81uk

If you return the item (at your cost) then you should get the initial £4.99 post refunded too by law.
So up to you whether it is worth spending around £3 to return and get £8 back.

Jocen

Hi 
Do you know by what law I’d be entitled to the postage back. 

While it seems a lot of effort I’m a stickler for the principal and would return but just won’t be worth if I didn’t get the initial postage back which they’re insisting I’m not entitled to

thanks 

Alderbank

Jocen said:

Hi 
Do you know by what law I’d be entitled to the postage back. 

While it seems a lot of effort I’m a stickler for the principal and would return but just won’t be worth if I didn’t get the initial postage back which they’re insisting I’m not entitled to

thanks 

Here you are, chapter and verse of Consumer Rights Act 2015, Section 21(8).

S.21 Partial rejection of goods

(1)If the consumer has any of the rights mentioned in section 20(1) to (3), but does not reject all of the goods and treat the contract as at an end, the consumer—

(a)may reject some or all of the goods that do not conform to the contract, but

(b)may not reject any goods that do conform to the contract.

(2)If the consumer is entitled to reject the goods in an instalment, but does not reject all of those goods, the consumer

(a)may reject some or all of the goods in the instalment that do not conform to the contract, but

(b)may not reject any goods in the instalment that do conform to the contract.

(3)If any of the goods form a commercial unit, the consumer cannot reject some of those goods without also rejecting the rest of them.

(4)A unit is a “commercial unit” if division of the unit would materially impair the value of the goods or the character of the unit.

(5)The consumer rejects goods under this section by indicating to the trader that the consumer is rejecting the goods.

(6)The indication may be something the consumer says or does, but it must be clear enough to be understood by the trader.

(7)From the time when a consumer rejects goods under this section—

(a)the trader has a duty to give the consumer a refund in respect of those goods (subject to subsection (10)), and

(b)the consumer has a duty to make those goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed.

(8)Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning those goods in person to the place where the consumer took physical possession of them.

https://www.legislation.gov.uk/ukpga/2015/15/section/21

Okell

@Alderbank -  wouldn't the OP be cancelling under the CCRs rather than the CRA?

And s34 of the CCR regarding reimbursement?  

jon81uk said:

If you return the item (at your cost) then you should get the initial £4.99 post refunded too by law.
So up to you whether it is worth spending around £3 to return and get £8 back.

Wouldn't that depend on how much of the £4.99 - if any - has already been refunded by the seller when they cancelled the £10 item?

(The OP hasn't bothered to explain how much they are being refunded in respect of the item the seller cancelled...)

jon81uk

Okell said:

@Alderbank -  wouldn't the OP be cancelling under the CCRs rather than the CRA?

And s34 of the CCR regarding reimbursement?  

jon81uk said:

If you return the item (at your cost) then you should get the initial £4.99 post refunded too by law.
So up to you whether it is worth spending around £3 to return and get £8 back.

Wouldn't that depend on how much of the £4.99 - if any - has already been refunded by the seller when they cancelled the £10 item?

(The OP hasn't bothered to explain how much they are being refunded in respect of the item the seller cancelled...)

From what the OP has said the postage charge has not been refunded at all and they would be entitled to a full refund of the lowest possible postage charge if the full order is cancelled and returned.

Jocen said:

Hi 
Do you know by what law I’d be entitled to the postage back. 

While it seems a lot of effort I’m a stickler for the principal and would return but just won’t be worth if I didn’t get the initial postage back which they’re insisting I’m not entitled to

thanks 

If you cancel the order under the consumer contracts regulations within 14 days, you then have 14 days to return it (potentially at your cost) and then your refund must include the least expensive delivery option (but if you chose a more expensive delivery you'll need to cover the difference). If they are insisting you are not entitled to it, they are wrong. The trader has to refund the basic delivery cost of getting the goods to you in the first place.
Consumer rights & protection: Get money back – MSE
Consumer Contracts Regulations - Which?