Cancelled Online Treadmill Order within 2 hours and item still dispatched

MumofCR

• What did you buy? Walking Treadmill
• When did you buy it? Yesterday morning
• Where from? (internet or in store - it DOES make a difference) Internet 
• How did you pay? (cash/cheque/debit card/credit card etc) Debit card
• What went wrong? Cancelled order within 2 hours. The terms and conditions on the website state you can cancelled an order within 24 hours for a full refund. Order has been dispatched.
• What are the vendors telling you? Only way to contact them is via email. No reply.
• What solution or remedy are you looking for? (Companies may Repair / Refund / Replace) Refund without accepting delivery of the treadmill.

Can I refuse to accept the treadmill when the courier attempts to deliver it?

marcia_

  I would just refuse delivery and contact them now saying you will be doing so. Give them time to respond a week. Then if no response and no refund request a chargeback from your bank 

400ixl

Was this ordered off of the back of a Facebook ad? Lots of people being caught out by one at the moment and the dispatch is fake and it will never arrive.

TELLIT01

Simply refusing delivery doesn't always work.  I answered our door to a delivery man once and knew we hadn't ordered anything.  He needed the item signed for but the name wasn't mine so I refused and he took it away.  A few days later I got home and the same package had been left outside the door!

Thankfully, a bit of detective work showed it was for somebody further down our road, and the house number was smudged.  Who knows what would have happened if I couldn't find the person.

MumofCR

400ixl said:

Was this ordered off of the back of a Facebook ad? Lots of people being caught out by one at the moment and the dispatch is fake and it will never arrive.

No, internet search and used Trustpilot to check the company out. I then checked their Facebook page after I’d ordered and found a lot of unhappy customers. That’s when I cancelled the order by emailing them as per their t&cs 

The company is called Home Fitness Code.

the_lunatic_is_in_my_head

Terms say “acceptance is upon supply of goods” and talks about not accepting orders due to error so I would say there wasn’t a contract before dispatch and you withdrew your offer.

They have 14 days to refund under the CCRs and return of the goods is their problem.

Terms are poor (e.g claims risk in transit is on the buyer which contravenes the CRA) and waffle about buyer behaviour would suggest they are either very unlucky with the customers they attract or the problem is closer to home… 

Grumpy_chap

MumofCR said:

• What did you buy? Walking Treadmill
• When did you buy it? Yesterday morning
• Where from? (internet or in store - it DOES make a difference) Internet 
• How did you pay? (cash/cheque/debit card/credit card etc) Debit card
• What went wrong? Cancelled order within 2 hours. The terms and conditions on the website state you can cancelled an order within 24 hours for a full refund. Order has been dispatched.
• What are the vendors telling you? Only way to contact them is via email. No reply.
• What solution or remedy are you looking for? (Companies may Repair / Refund / Replace) Refund without accepting delivery of the treadmill.

Can I refuse to accept the treadmill when the courier attempts to deliver it?

You may have to accept the delivery of the treadmill and then return under the 14-day right to cancel "for any, or no, reason" change of mind.  Don't go opening it up and start assembling etc.

It is actually not that unreasonable that the dispatch went ahead - efficient companies will have largely automated systems to receive and dispatch an order and that automation does not have a process element for the customer trying to cancel prior to dispatch.

What do the full terms of the supplier say with regard to cancellation and return?  Do they make any reference to the liability for return carriage costs?

edels

Just refuse it and see what happens 

oldernonethewiser

Grumpy_chap said:

MumofCR said:

• What did you buy? Walking Treadmill
• When did you buy it? Yesterday morning
• Where from? (internet or in store - it DOES make a difference) Internet 
• How did you pay? (cash/cheque/debit card/credit card etc) Debit card
• What went wrong? Cancelled order within 2 hours. The terms and conditions on the website state you can cancelled an order within 24 hours for a full refund. Order has been dispatched.
• What are the vendors telling you? Only way to contact them is via email. No reply.
• What solution or remedy are you looking for? (Companies may Repair / Refund / Replace) Refund without accepting delivery of the treadmill.

Can I refuse to accept the treadmill when the courier attempts to deliver it?

You may have to accept the delivery of the treadmill and then return under the 14-day right to cancel "for any, or no, reason" change of mind.  Don't go opening it up and start assembling etc.

It is actually not that unreasonable that the dispatch went ahead - efficient companies will have largely automated systems to receive and dispatch an order and that automation does not have a process element for the customer trying to cancel prior to dispatch.

What do the full terms of the supplier say with regard to cancellation and return?  Do they make any reference to the liability for return carriage costs?

https://www.homefitnesscode.com/pages/returns-exchanges

Details above

the_lunatic_is_in_my_head

Grumpy_chap said:

It is actually not that unreasonable that the dispatch went ahead - efficient companies will have largely automated systems to receive and dispatch an order and that automation does not have a process element for the customer trying to cancel prior to dispatch.

If one party wishes to ponder acceptance after an offer is made it is then in fact outrageous that they would ignore the communication that the offer has been withdrawn and instead continue to act in a manner as if the contract has been formed.

This isn't an overbearing consumer right* burdening retailers with a hard time, this is a very basic and fundamental aspect of contract law in that until the deal is done there isn't a deal and an offer can be withdrawn.

If a retailer has a dispatch process which prevents them from stopping the dispatch process at a certain point then they need to implement an additional communication to signal their acceptance at that point in time and if efficiency is the issue here it's hard to argue they can't also be efficient enough to do such.

*The CCRs do acknowledge this principle (the withdrawal of an offer) and stipulate the refund must be made within 14 days of withdrawal, but the withdrawal itself isn't a consumer right. 

born_again

Hongkong XZY Science And Technology Ltd
Unit 02, 21/F, Heep Kwan Commercial Building
38 Bee Street, Yau Ma Tei
kowloon, Hong kong

A very British company.