Rights re Returns

RiaMac_2

Hi all

I bought a shed from Wayfair which I was advised would be delivered on the Tuesday.  Tuesday morning I was told it would be delivered Wednesday.  Wednesday I stayed in all day only to receive an email saying that delivery was attempted but as no-one was at home it would be delivered the following Tuesday! I contacted Wayfair told them that no-one had been at my door and said the third date given was too late therefore I wanted to cancel.  No confirmation was given but they didn't say it couldn't be cancelled either.  On the Tuesday the shed was delivered.  I contacted Wayfair again and was told that as the shed was in transit when I requested cancellation, it wasn't possible to cancel and I would need to pay £50 for a return. Is this correct? I only cancelled because they had not delivered on the previous dates given, not because I had changed my mind per se.  I have had a look at their website and although I can see their cancellation policy, it all seems to relate to if the customer just changes their mind and not what their policy is in relation to cancellation because they changed delivery dates at the last minute and delivery would be too late.  Does the buyer have any rights at all in this situation?

cw8825

do you still need the shed or are you cancelling out of frustration?

If the shed has been delivered and accepted they are within their rights to charge you to collect the shed

Aylesbury_Duck

Duplicate thread:

https://forums.moneysavingexpert.com/discussion/6609889/cancelling-online-order#latest

DullGreyGuy

RiaMac_2 said:

Hi all

I bought a shed from Wayfair which I was advised would be delivered on the Tuesday.  Tuesday morning I was told it would be delivered Wednesday.  Wednesday I stayed in all day only to receive an email saying that delivery was attempted but as no-one was at home it would be delivered the following Tuesday! I contacted Wayfair told them that no-one had been at my door and said the third date given was too late therefore I wanted to cancel.  No confirmation was given but they didn't say it couldn't be cancelled either.  On the Tuesday the shed was delivered.  I contacted Wayfair again and was told that as the shed was in transit when I requested cancellation, it wasn't possible to cancel and I would need to pay £50 for a return. Is this correct? I only cancelled because they had not delivered on the previous dates given, not because I had changed my mind per se.  I have had a look at their website and although I can see their cancellation policy, it all seems to relate to if the customer just changes their mind and not what their policy is in relation to cancellation because they changed delivery dates at the last minute and delivery would be too late.  Does the buyer have any rights at all in this situation?

Why didnt you refuse delivery? I'm not a fan of it as a method of dealing with problems but then I dont buy sheds or things with such a high return cost. 

Unless the merchant was explicitly told it was a contract where time is of the essence then being a bit late delivering doest represent a breach of contract to get any claim under the CRA. On the surface it looks like a change of mind for which the vendor does have to swallow the delivery costs but can make you responsible for the return costs as long as that was all laid out properly in the terms etc. 

Grumpy_chap

RiaMac_2 said:

Hi all

I bought a shed from Wayfair which I was advised would be delivered on the Tuesday.  Tuesday morning I was told it would be delivered Wednesday.  Wednesday I stayed in all day only to receive an email saying that delivery was attempted but as no-one was at home it would be delivered the following Tuesday! I contacted Wayfair told them that no-one had been at my door and said the third date given was too late therefore I wanted to cancel.  No confirmation was given but they didn't say it couldn't be cancelled either.  On the Tuesday the shed was delivered.  I contacted Wayfair again and was told that as the shed was in transit when I requested cancellation, it wasn't possible to cancel and I would need to pay £50 for a return. Is this correct? I only cancelled because they had not delivered on the previous dates given, not because I had changed my mind per se.  I have had a look at their website and although I can see their cancellation policy, it all seems to relate to if the customer just changes their mind and not what their policy is in relation to cancellation because they changed delivery dates at the last minute and delivery would be too late.  Does the buyer have any rights at all in this situation?

While I understand the frustration about the delivery dates, now that you have the shed, why do you still wish to cancel?
Will you be cutting off your nose to spite your face?

RiaMac_2

Thank you for your replies.

I couldn't see where to say on the website that I needed the shed by a certain date otherwise I would have.  I did say when I contacted the company to advise the 3rd date was too late. I was not told then that it was not possible to cancel.
I wish it was as simple as just cutting off my nose... but it is not. I also wish it was just a case of changing my mind. Again, it is not.
According to the Wayfair website, I could have refused delivery but I wouldn't get any proof of return and therefore no guarantee of receiving any money back at all.
I am frustrated that the dates were changed and very frustrated at the blantant lie to say delivery was attempted when it was not.  Ring footage proves this.  
I probably will need to pay £50 for the return but I still feel it is extremely unfair when I had already asked for the cancellation and explained the only reason it was necessary was because of the delays, which were completely out of my control.