Cancelled Online Treadmill Order within 2 hours and item still dispatched

the_lunatic_is_in_my_head

born_again said:

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.

Good spot

I only saw the Cardiff address on their returns page but that appears to be a fulfilment company. 

Grumpy_chap

I can see the problem as well now the terms were linked - if the treadmill is received and change of mind cancellation, that cost for return carriage falls to the purchaser.  I don't suppose a treadmill is cheap to send back.

Does the OP have grounds to contest this on the basis of the cancellation having not been processed prior to dispatch?  How does the OP best achieve that return without incurring shipping costs?

Okell

Grumpy_chap said:

I can see the problem as well now the terms were linked - if the treadmill is received and change of mind cancellation, that cost for return carriage falls to the purchaser.  I don't suppose a treadmill is cheap to send back.

Does the OP have grounds to contest this on the basis of the cancellation having not been processed prior to dispatch?  How does the OP best achieve that return without incurring shipping costs?

As I assume a treadmill can't normally be returned by post the seller has to give an indication of how much it would cost to return it.  If they don't, the seller has to pay for return.  They haven't, so they must.

How the OP enforces that against a Hong Kong seller I don't know.

did the OP pay by credit card?

[Edit:  Ah.  See they paid by debit card so no joy there presumably...]

Okell

As an aside, the OP asked if they could refuse delivery, and some people seem to have suggested that that might be possible.

Would that really work?

Can you order something, have no further communication with the seller, then refuse delivery and expect the courier to take it away and return it?

I'm very skeptical about that working...

the_lunatic_is_in_my_head

Okell said:

As an aside, the OP asked if they could refuse delivery, and some people seem to have suggested that that might be possible.

Would that really work?

Can you order something, have no further communication with the seller, then refuse delivery and expect the courier to take it away and return it?

I'm very skeptical about that working...

With a UK company in theory yes as EU guidance says: 

Where the consumer has never taken physical possession of the goods, e.g. by refusing to take delivery, either without any explicit statement or with a statement to the trader about withdrawal from the contract, the trader would continue bearing the risk of loss or damage since no transfer of risk to the consumer will have taken place according to Article 20.

Article 20 being passing of risk which forms part of the CRA. 

I say in theory as we've moved away from the EU obviously however IMO when articulating your position their guidance is still a good point to focus in the absence of any other information/case law.

With a company in Hong Kong there is probably only the option of card chargeback @born_again will no doubt clarify but I have a feeling a chargeback for INR won't be valid if delivery is refused.

s75 may apply but within the terms of the site + whatever the law is in Hong Kong.... 

Grumpy_chap

the_lunatic_is_in_my_head said:

s75 may apply but within the terms of the site + whatever the law is in Hong Kong.... 

S75 won't apply.

Okell said

did the OP pay by credit card?

[Edit:  Ah.  See they paid by debit card so no joy there presumably...]

MumofCR

Thank you for all the replies. 

So if I’m reading this correctly, should I accept the delivery and then attempt to organise return of the treadmill at my own expense? Would I be able to do a chargeback on the debit card if I then don’t get any joy with a refund?

the_lunatic_is_in_my_head

MumofCR said:

Thank you for all the replies. 

So if I’m reading this correctly, should I accept the delivery and then attempt to organise return of the treadmill at my own expense? Would I be able to do a chargeback on the debit card if I then don’t get any joy with a refund?

Hello OP

A chargeback will only cover you for the order not arriving or the goods not be as described, there unfortunately isn't cover for changing your mind.

If the goods do not arrived at all then of course you can do a chargeback for that. 

If they arrive and you return but the retailer doesn't refund there really isn't much cover here.

If you receive the goods, find they are not as described, then you can do a chargeback for that (bank will require you to return at your expense). 

Because the company is in Hong Kong you don't have much to fall back on (i.e you can't really sue someone based in Hong Kong) so you are between a rock and hard place sadly.

Aylesbury_Duck

MumofCR said:

Thank you for all the replies. 

So if I’m reading this correctly, should I accept the delivery and then attempt to organise return of the treadmill at my own expense? Would I be able to do a chargeback on the debit card if I then don’t get any joy with a refund?

I don't think that will work.  You run the risk of incurring significant additional expense returning a heavy, bulky item and still not getting a refund.  A chargeback won't be successful because you changed your mind and the retailer could simply contest it, anyway.

I'd wait and see if it arrives and if it doesn't, then a chargeback is a good outcome.  If it does arrive, your best bet is likely to be to use it yourself or limit your losses by selling it on.

born_again

MumofCR said:

Thank you for all the replies. 

So if I’m reading this correctly, should I accept the delivery and then attempt to organise return of the treadmill at my own expense? Would I be able to do a chargeback on the debit card if I then don’t get any joy with a refund?

No chargeback right for change of mind, which is where you are now.
Only if they give you something in writing statin they have refunded £££, on date to last 4 of card no.

You also have the issue that if refusing delivery, you may not get any proof of return. 

Hopefully they will respond before it arrives. So you know how to send back.

Contact us at support@homefitnesscode.com to request a return. Please state your name, order number, and reason(s) for return. We will send you the information required once your return request has been accepted. After the 30-day period expires (Counted from the date the goods are signed for), the product cannot be returned to HomeFitnessCode.

Return address: Unit 6 Trident Trade Park,Glass Avenue,Cardiff,CF24 5EP,United Kingdom