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

AfxTwn

I just spoke to the earplugs company on the phone and they clarified that by "advanced" they mean when they have received the ear-impressions and have advanced the order through to the production phase, you can't then cancel it.

You basically just have the initial 14 days from when the order was made to cancel it, after that, you can't cancel. My only option now is to go ahead with the original order or get store-credit and get something for myself which I don't want to do so I will see if my friend will just get the ear-impressions anyway so I can at least get something for my money.

Lesson learned though, with things like this to always check the refund policy.

Thanks all the help though.

DullGreyGuy

AfxTwn said:

Lesson learned though, with things like this to always check the refund policy.

Its worth knowing your statutory rights too... anything that is clearly personalised or made to your specification have no right to cancellation, similarly any "entertainment" sale which is to be performed on a specific date (eg hotel booking, flights, cinema tickets etc). 

You cannot be made to waive your statutory rights but companies can offer better terms, like these guys did allowing a 14 day cancellation as long as you hadn't commenced with the process. 

Ergates

If they'd made the products then they would be allowed to refuse a refund for "change of mind" (given they're custom).  However, as they haven't actually received any details yet, they obviously can't have started any manufacturing process.  Therefore I don't believe they *can* say "No refunds".

What they *could* do is deduct an amount from the refund to either cover loss of profit OR to cover any costs they've already incurred from your order (which would most likely be zero here).

I'm not sure if the loss of profits is allowed for products like this rather than for providing a service, as it's not as if accepting your order prevented them from accepting another.

This is all assuming they're a UK company.

cannugec5

Even M & S, whom I consider to have a generous change of mind returns policy, only allow 35 days. 

I am astounded that after 4 months you think the company is being unhelpful. 

AfxTwn

cannugec5 said:

Even M & S, whom I consider to have a generous change of mind returns policy, only allow 35 days. 

I am astounded that after 4 months you think the company is being unhelpful. 

I don't think they are being unhelpful, calm down! I said I perfectly understand that given the length of time they won't let me cancel. I was just wanting to know if given that they haven't had to actually make anything, if I could still claim a refund as it's not exactly putting them out to issue one.

I am willing to accept that there is nothing I can do and I should have been more thorough in reading their terms and also acted a little earlier, however as this was a present for a friend and circumstances didn't enable that, I couldn't.

Thanks again everyone for the replies, I think this matter has been cleared up now.

Jenni_D

Ergates said:

If they'd made the products then they would be allowed to refuse a refund for "change of mind" (given they're custom).  However, as they haven't actually received any details yet, they obviously can't have started any manufacturing process.  Therefore I don't believe they *can* say "No refunds".

What they *could* do is deduct an amount from the refund to either cover loss of profit OR to cover any costs they've already incurred from your order (which would most likely be zero here).

I'm not sure if the loss of profits is allowed for products like this rather than for providing a service, as it's not as if accepting your order prevented them from accepting another.

This is all assuming they're a UK company.

The problem with your reasoning is that the OP has no right to cancel the order at all, as it was for a personalised product. It is irrelevant that "work" hasn't started as yet - as I said earlier, it was the OP who was seeking to breach/cancel the contract, not the company.

born_again

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.

Visa/Mastercard would not allow a chargeback in this case. Simple as that. Bank would get a slap from them. They do not like banks breaking the regulations.

Bank could refund themselves. If it's a small amount (done it enough) but a set of custom ear plugs are not going to be cheap, so no hope of good will there 🤷‍♀️

Jenni_D

The OP has said the contract cost was £90 ... where would that fit in the goodwill spectrum?

sheramber

She said she paid by PayPal so bank chargeback is not relevant to the OP.

Okell

AfxTwn said:

... 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...

Can you give us the link and/or the name of the website please?

I'd like to look closer at their T&Cs