Online Purchase Won't Allow Refund - Is THis Right?

AfxTwn

Hi, back in November I ordered some custom earplugs for a friend as a Christmas present. You have to go to an audiologist and get them to take impressions of your ears and then post these off to the company to then make the earplugs from them which they then post back out to you.

Anyway, I told my friend I had paid for the earplugs online and waited to hear back as to when they were able to visit an audiologist. Life got in the way a bit for my friend and circumstances changed and so they decided not to go ahead with having the earplugs made or getting ear-impressions made.

I have since contacted the earplug company to request a refund, nothing has actually been made and all that has happened so far is that I have made an online order but the company say I cannot have a refund as so much time has passed since creating the order.

They provided a link to a page on their website detailing their refund policy (which I didn't know existed, all I could see where some FAQ pages which made no mention of refunds). The page says: 

"

• Custom-Fitted Products: Orders can be cancelled within 14 days of purchase if they have not yet entered the production process.

• Once the order status has advanced, cancellations and refunds are no longer possible.

• There is no strict time limit for submitting your ear impressions to begin production."

So according to them, you only have 14 days to cancel if they have not yet entered the production process (which mine haven't) and once the order status has advanced, cancelleations and refunds are no longer possible. By advanced I am not sure if they mean that the order automatically advances after 14 days or it advances once it has entered the production process.

They have offered to exchange the order for store credit so I can choose another product for myself or someone else but I have no need for earplugs and don't know anyone else who does. Surely I should still be able to get a refund as nothing has actually been made, I have essentially just created an unfulfilled order on the website and paid and received nothing yet.

I accept it is a long time after the initial order was created but as they have incurred no costs so far due to not actually making anything etc, then why can't I receive a refund?

Please can someone advise me if this is correct and whatever it says on their website's refund policy has to be adhered to? As it is, I am down £90 and have nothing to show for it.

Thank you.

TheSpectator

Where are they based? Website address?

How did you pay?

MeteredOut

I suspect the T&Cs are trying to say that after 14 days you do not have a right to cancel, but you're right that "Once the order status has advanced" bit is not clear. But, it does not state that cancellation is allowed up to production starting.

I'd try using that bad wording as a way to get a refund. As per above, how did you pay? You could try a chargeback via your bank/card, using that bad wording as a reason, stating you thought it meat cancellation until production started, but I think you'll be relying on goodwill from the supplier for that to be accepted.

Jenni_D

For something that is personalised there is no absolute right to cancel under CCR 2013 (as there would be for anything not personalised / off the shelf). So the company's T&Cs look reasonable given that they offer a 14 day cancellation period (provided that no work has started).

Remember - it is the OP who is wishing to breach (cancel) the contract.

(All IMHO /IANAL etc.)

AfxTwn

TheSpectator said:

Where are they based? Website address?

How did you pay?

Hi, they are based in Somerset, UK. I paid via PayPal.

AfxTwn

Jenni_D said:

For something that is personalised there is no absolute right to cancel under CCR 2013 (as there would be for anything not personalised / off the shelf). So the company's T&Cs look reasonable given that they offer a 14 day cancellation period (provided that no work has started).

Remember - it is the OP who is wishing to breach (cancel) the contract.

(All IMHO /IANAL etc.)

Thanks for clearing that up. I didn't realise there was only 14 days to cancel and didn't see the refund policy on their website. I honestly didn't think there would be much of an issue seeing as they haven't had to actually do or make anything.

born_again

MeteredOut said:

I suspect the T&Cs are trying to say that after 14 days you do not have a right to cancel, but you're right that "Once the order status has advanced" bit is not clear. But, it does not state that cancellation is allowed up to production starting.

I'd try using that bad wording as a way to get a refund. As per above, how did you pay? You could try a chargeback via your bank/card, using that bad wording as a reason, stating you thought it meat cancellation until production started, but I think you'll be relying on goodwill from the supplier for that to be accepted.

Sadly not a reason for a chargeback 🤷‍♀️

MeteredOut

born_again said:

MeteredOut said:

I suspect the T&Cs are trying to say that after 14 days you do not have a right to cancel, but you're right that "Once the order status has advanced" bit is not clear. But, it does not state that cancellation is allowed up to production starting.

I'd try using that bad wording as a way to get a refund. As per above, how did you pay? You could try a chargeback via your bank/card, using that bad wording as a reason, stating you thought it meat cancellation until production started, but I think you'll be relying on goodwill from the supplier for that to be accepted.

Sadly not a reason for a chargeback 🤷‍♀️

I'd argue that ambiguous or unclear cancellation rights would be a valid reason for a refund.

born_again

MeteredOut said:

born_again said:

MeteredOut said:

I suspect the T&Cs are trying to say that after 14 days you do not have a right to cancel, but you're right that "Once the order status has advanced" bit is not clear. But, it does not state that cancellation is allowed up to production starting.

I'd try using that bad wording as a way to get a refund. As per above, how did you pay? You could try a chargeback via your bank/card, using that bad wording as a reason, stating you thought it meat cancellation until production started, but I think you'll be relying on goodwill from the supplier for that to be accepted.

Sadly not a reason for a chargeback 🤷‍♀️

I'd argue that ambiguous or unclear cancellation rights would be a valid reason for a refund.

Still does not fall under chargeback & card regulations.

You are talking about consumer rights. Two totally different things. 

MeteredOut

born_again said:

MeteredOut said:

born_again said:

MeteredOut said:

I suspect the T&Cs are trying to say that after 14 days you do not have a right to cancel, but you're right that "Once the order status has advanced" bit is not clear. But, it does not state that cancellation is allowed up to production starting.

I'd try using that bad wording as a way to get a refund. As per above, how did you pay? You could try a chargeback via your bank/card, using that bad wording as a reason, stating you thought it meat cancellation until production started, but I think you'll be relying on goodwill from the supplier for that to be accepted.

Sadly not a reason for a chargeback 🤷‍♀️

I'd argue that ambiguous or unclear cancellation rights would be a valid reason for a refund.

Still does not fall under chargeback & card regulations.

You are talking about consumer rights. Two totally different things. 

I'm talking about scenarios where banks sometimes still apply refunds to customers (even if not strictly covered) and then merchants not bothering to challenge the chargeback. Which is why i said it would rely on the merchants goodwill.

The cancellation clause is undoubtedly badly worded.

DullGreyGuy

MeteredOut said:

born_again said:

MeteredOut said:

I suspect the T&Cs are trying to say that after 14 days you do not have a right to cancel, but you're right that "Once the order status has advanced" bit is not clear. But, it does not state that cancellation is allowed up to production starting.

I'd try using that bad wording as a way to get a refund. As per above, how did you pay? You could try a chargeback via your bank/card, using that bad wording as a reason, stating you thought it meat cancellation until production started, but I think you'll be relying on goodwill from the supplier for that to be accepted.

Sadly not a reason for a chargeback 🤷‍♀️

I'd argue that ambiguous or unclear cancellation rights would be a valid reason for a refund.

How are they ambiguous or unclear? 14 days from date of purchase unless you've already started the process in which case no right of cancellation. 

MeteredOut said:

born_again said:

MeteredOut said:

born_again said:

MeteredOut said:

I suspect the T&Cs are trying to say that after 14 days you do not have a right to cancel, but you're right that "Once the order status has advanced" bit is not clear. But, it does not state that cancellation is allowed up to production starting.

I'd try using that bad wording as a way to get a refund. As per above, how did you pay? You could try a chargeback via your bank/card, using that bad wording as a reason, stating you thought it meat cancellation until production started, but I think you'll be relying on goodwill from the supplier for that to be accepted.

Sadly not a reason for a chargeback 🤷‍♀️

I'd argue that ambiguous or unclear cancellation rights would be a valid reason for a refund.

Still does not fall under chargeback & card regulations.

You are talking about consumer rights. Two totally different things. 

I'm talking about scenarios where banks sometimes still apply refunds to customers (even if not strictly covered) and then merchants not bothering to challenge the chargeback. Which is why i said it would rely on the merchants goodwill.

The cancellation clause is undoubtedly badly worded.

Apply a refund or raise a chargeback? If they want to refund out their own pocket they can do that whenever for anything. Chargeback however is a scheme with rules set by Visa, Mastercard, AmEx etc. If banks fail to adhere to the scheme rules it can cause issues for them