Can I be charged a returns charge for cancelling online order before delivery?

born_again

the_lunatic_is_in_my_head said:

The cancellation period begins when the contract is entered into, if you cancel before this no fee may be imposed. 

T&Cs don't seem to state when the contract is entered into, I would assume their actions of either accepting payment, sending you an order confirmation or dispatching the goods would be classed as acceptance. 

After acceptance the consumer is to bear the return costs when the trader states such and, in the case of goods which can't be returned via normal post, states the fee, which Dusk do. 

Based on that the fee is due

Okweird0987 said:

What happens if I reject delivery?

It's an interesting question, the goods remain at the trader's risk, whether delivery of goods from the CRA  would allow you to treat the contract at an end for the traders failure to deliver entitling a full refund has been discussed here before with no real answer.

@born_again will likely clarify if a chargeback for non receipt is valid with rejected delivery (I have a feeling it isn't but may be wrong). 

Sperate to all of the above, their terms and conditions effectively mention under cancellations they will not refund for opened/used/assembled items, which they can not do, the CCRs state the consumer is not bound by the contract if the trader fails to provide the required information, what this means in the real world I've not seen answered here. 

The paragraph under cancellations in the T&Cs looks as if it should be separated after the link to the returns policy meaning their returns policy isn't related to your right to cancel But then they already have a section in the T&Cs about returns mentioning to look at the return policy page.

The information is poorly presented and I really can't tell whether they honour the right to cancel for used/etc items. 

A non starter. Bank should not even start in that case. If they did then retailer has a straight rejection for refusal of delivery & any refund would be redebited.

This just drops into change of mind

the_lunatic_is_in_my_head

born_again said:

A non starter. Bank should not even start in that case. If they did then retailer has a straight rejection for refusal of delivery & any refund would be redebited.

This just drops into change of mind

Thanks Thought that would be the case. 

Okweird0987

the_lunatic_is_in_my_head said:

The cancellation period begins when the contract is entered into, if you cancel before this no fee may be imposed. 

T&Cs don't seem to state when the contract is entered into, I would assume their actions of either accepting payment, sending you an order confirmation or dispatching the goods would be classed as acceptance. 

After acceptance the consumer is to bear the return costs when the trader states such and, in the case of goods which can't be returned via normal post, states the fee, which Dusk do. 

Based on that the fee is due

Okweird0987 said:

What happens if I reject delivery?

It's an interesting question, the goods remain at the trader's risk, whether delivery of goods from the CRA  would allow you to treat the contract at an end for the traders failure to deliver entitling a full refund has been discussed here before with no real answer.

@born_again will likely clarify if a chargeback for non receipt is valid with rejected delivery (I have a feeling it isn't but may be wrong). 

Sperate to all of the above, their terms and conditions effectively mention under cancellations they will not refund for opened/used/assembled items, which they can not do, the CCRs state the consumer is not bound by the contract if the trader fails to provide the required information, what this means in the real world I've not seen answered here. 

The paragraph under cancellations in the T&Cs looks as if it should be separated after the link to the returns policy meaning their returns policy isn't related to your right to cancel But then they already have a section in the T&Cs about returns mentioning to look at the return policy page.

The information is poorly presented and I really can't tell whether they honour the right to cancel for used/etc items. 

Thank you for the informative response! 

I think from everyone’s answers the bottom line is that they’re entitled to charge the fee and I should have been more diligent with checking measurements 🫠

Undervalued

Okweird0987 said:

the_lunatic_is_in_my_head said:

The cancellation period begins when the contract is entered into, if you cancel before this no fee may be imposed. 

T&Cs don't seem to state when the contract is entered into, I would assume their actions of either accepting payment, sending you an order confirmation or dispatching the goods would be classed as acceptance. 

After acceptance the consumer is to bear the return costs when the trader states such and, in the case of goods which can't be returned via normal post, states the fee, which Dusk do. 

Based on that the fee is due

Okweird0987 said:

What happens if I reject delivery?

It's an interesting question, the goods remain at the trader's risk, whether delivery of goods from the CRA  would allow you to treat the contract at an end for the traders failure to deliver entitling a full refund has been discussed here before with no real answer.

@born_again will likely clarify if a chargeback for non receipt is valid with rejected delivery (I have a feeling it isn't but may be wrong). 

Sperate to all of the above, their terms and conditions effectively mention under cancellations they will not refund for opened/used/assembled items, which they can not do, the CCRs state the consumer is not bound by the contract if the trader fails to provide the required information, what this means in the real world I've not seen answered here. 

The paragraph under cancellations in the T&Cs looks as if it should be separated after the link to the returns policy meaning their returns policy isn't related to your right to cancel But then they already have a section in the T&Cs about returns mentioning to look at the return policy page.

The information is poorly presented and I really can't tell whether they honour the right to cancel for used/etc items. 

Thank you for the informative response! 

I think from everyone’s answers the bottom line is that they’re entitled to charge the fee and I should have been more diligent with checking measurements 🫠

Indeed.

Plus, I have to say even if you had found a legal loophole (as you were clearly hoping), do you really think it would have been morally right to leave the company forty quid out of pocket because of your mistake?

Okweird0987

Undervalued said:

Okweird0987 said:

the_lunatic_is_in_my_head said:

The cancellation period begins when the contract is entered into, if you cancel before this no fee may be imposed. 

T&Cs don't seem to state when the contract is entered into, I would assume their actions of either accepting payment, sending you an order confirmation or dispatching the goods would be classed as acceptance. 

After acceptance the consumer is to bear the return costs when the trader states such and, in the case of goods which can't be returned via normal post, states the fee, which Dusk do. 

Based on that the fee is due

Okweird0987 said:

What happens if I reject delivery?

It's an interesting question, the goods remain at the trader's risk, whether delivery of goods from the CRA  would allow you to treat the contract at an end for the traders failure to deliver entitling a full refund has been discussed here before with no real answer.

@born_again will likely clarify if a chargeback for non receipt is valid with rejected delivery (I have a feeling it isn't but may be wrong). 

Sperate to all of the above, their terms and conditions effectively mention under cancellations they will not refund for opened/used/assembled items, which they can not do, the CCRs state the consumer is not bound by the contract if the trader fails to provide the required information, what this means in the real world I've not seen answered here. 

The paragraph under cancellations in the T&Cs looks as if it should be separated after the link to the returns policy meaning their returns policy isn't related to your right to cancel But then they already have a section in the T&Cs about returns mentioning to look at the return policy page.

The information is poorly presented and I really can't tell whether they honour the right to cancel for used/etc items. 

Thank you for the informative response! 

I think from everyone’s answers the bottom line is that they’re entitled to charge the fee and I should have been more diligent with checking measurements 🫠

Indeed.

Plus, I have to say even if you had found a legal loophole (as you were clearly hoping), do you really think it would have been morally right to leave the company forty quid out of pocket because of your mistake?

Honestly, my issue arises more from the fact that it’s triple the amount I’ve paid for delivery which (to me) felt excessive.

Ergates

Okweird0987 said:

I think from everyone’s answers the bottom line is that they’re entitled to charge the fee and I should have been more diligent with checking measurements 🫠

They're entitled to charge a fee - whether or not the fee they're charging is fair and representative of the cost of return is another matter.    But... a bed is a bulky item to transport so a £40 return cost might be a little high, it's not egregiously excessive.

MyRealNameToo

Okweird0987 said:

Undervalued said:

Okweird0987 said:

the_lunatic_is_in_my_head said:

The cancellation period begins when the contract is entered into, if you cancel before this no fee may be imposed. 

T&Cs don't seem to state when the contract is entered into, I would assume their actions of either accepting payment, sending you an order confirmation or dispatching the goods would be classed as acceptance. 

After acceptance the consumer is to bear the return costs when the trader states such and, in the case of goods which can't be returned via normal post, states the fee, which Dusk do. 

Based on that the fee is due

Okweird0987 said:

What happens if I reject delivery?

It's an interesting question, the goods remain at the trader's risk, whether delivery of goods from the CRA  would allow you to treat the contract at an end for the traders failure to deliver entitling a full refund has been discussed here before with no real answer.

@born_again will likely clarify if a chargeback for non receipt is valid with rejected delivery (I have a feeling it isn't but may be wrong). 

Sperate to all of the above, their terms and conditions effectively mention under cancellations they will not refund for opened/used/assembled items, which they can not do, the CCRs state the consumer is not bound by the contract if the trader fails to provide the required information, what this means in the real world I've not seen answered here. 

The paragraph under cancellations in the T&Cs looks as if it should be separated after the link to the returns policy meaning their returns policy isn't related to your right to cancel But then they already have a section in the T&Cs about returns mentioning to look at the return policy page.

The information is poorly presented and I really can't tell whether they honour the right to cancel for used/etc items. 

Thank you for the informative response! 

I think from everyone’s answers the bottom line is that they’re entitled to charge the fee and I should have been more diligent with checking measurements 🫠

Indeed.

Plus, I have to say even if you had found a legal loophole (as you were clearly hoping), do you really think it would have been morally right to leave the company forty quid out of pocket because of your mistake?

Honestly, my issue arises more from the fact that it’s triple the amount I’ve paid for delivery which (to me) felt excessive.

Then accept delivery and arrange your own return. I think £40 is cheap for a bed, particularly if it's larger than a single. 

How much they charge on the outward leg is broadly irrelevant and doesnt necessarily have any connection with how much it costs them to send it. They could have charged you £12 more for the bed and then said P&P is free that doesnt mean the courier is doing it for free for them just they've factored the full price into the cost of the product. 

There is a lot of business theory on how you should handle P&P and if it's better to have free, fixed, flat per item or variable. No matter the path taken the customer ultimately pays for it. 

Renfrewman

Okweird0987 said:

Undervalued said:

Okweird0987 said:

the_lunatic_is_in_my_head said:

The cancellation period begins when the contract is entered into, if you cancel before this no fee may be imposed. 

T&Cs don't seem to state when the contract is entered into, I would assume their actions of either accepting payment, sending you an order confirmation or dispatching the goods would be classed as acceptance. 

After acceptance the consumer is to bear the return costs when the trader states such and, in the case of goods which can't be returned via normal post, states the fee, which Dusk do. 

Based on that the fee is due

Okweird0987 said:

What happens if I reject delivery?

It's an interesting question, the goods remain at the trader's risk, whether delivery of goods from the CRA  would allow you to treat the contract at an end for the traders failure to deliver entitling a full refund has been discussed here before with no real answer.

@born_again will likely clarify if a chargeback for non receipt is valid with rejected delivery (I have a feeling it isn't but may be wrong). 

Sperate to all of the above, their terms and conditions effectively mention under cancellations they will not refund for opened/used/assembled items, which they can not do, the CCRs state the consumer is not bound by the contract if the trader fails to provide the required information, what this means in the real world I've not seen answered here. 

The paragraph under cancellations in the T&Cs looks as if it should be separated after the link to the returns policy meaning their returns policy isn't related to your right to cancel But then they already have a section in the T&Cs about returns mentioning to look at the return policy page.

The information is poorly presented and I really can't tell whether they honour the right to cancel for used/etc items. 

Thank you for the informative response! 

I think from everyone’s answers the bottom line is that they’re entitled to charge the fee and I should have been more diligent with checking measurements 🫠

Indeed.

Plus, I have to say even if you had found a legal loophole (as you were clearly hoping), do you really think it would have been morally right to leave the company forty quid out of pocket because of your mistake?

Honestly, my issue arises more from the fact that it’s triple the amount I’ve paid for delivery which (to me) felt excessive.

The seller will get a discount for volume I suspect. Honestly I don't think £40 is excessive.

flaneurs_lobster

MyRealNameToo said:

Okweird0987 said:

Undervalued said:

Okweird0987 said:

the_lunatic_is_in_my_head said:

The cancellation period begins when the contract is entered into, if you cancel before this no fee may be imposed. 

T&Cs don't seem to state when the contract is entered into, I would assume their actions of either accepting payment, sending you an order confirmation or dispatching the goods would be classed as acceptance. 

After acceptance the consumer is to bear the return costs when the trader states such and, in the case of goods which can't be returned via normal post, states the fee, which Dusk do. 

Based on that the fee is due

Okweird0987 said:

What happens if I reject delivery?

It's an interesting question, the goods remain at the trader's risk, whether delivery of goods from the CRA  would allow you to treat the contract at an end for the traders failure to deliver entitling a full refund has been discussed here before with no real answer.

@born_again will likely clarify if a chargeback for non receipt is valid with rejected delivery (I have a feeling it isn't but may be wrong). 

Sperate to all of the above, their terms and conditions effectively mention under cancellations they will not refund for opened/used/assembled items, which they can not do, the CCRs state the consumer is not bound by the contract if the trader fails to provide the required information, what this means in the real world I've not seen answered here. 

The paragraph under cancellations in the T&Cs looks as if it should be separated after the link to the returns policy meaning their returns policy isn't related to your right to cancel But then they already have a section in the T&Cs about returns mentioning to look at the return policy page.

The information is poorly presented and I really can't tell whether they honour the right to cancel for used/etc items. 

Thank you for the informative response! 

I think from everyone’s answers the bottom line is that they’re entitled to charge the fee and I should have been more diligent with checking measurements 🫠

Indeed.

Plus, I have to say even if you had found a legal loophole (as you were clearly hoping), do you really think it would have been morally right to leave the company forty quid out of pocket because of your mistake?

Honestly, my issue arises more from the fact that it’s triple the amount I’ve paid for delivery which (to me) felt excessive.

Then accept delivery and arrange your own return. I think £40 is cheap for a bed, particularly if it's larger than a single. 

How much they charge on the outward leg is broadly irrelevant and doesnt necessarily have any connection with how much it costs them to send it. They could have charged you £12 more for the bed and then said P&P is free that doesnt mean the courier is doing it for free for them just they've factored the full price into the cost of the product. 

There is a lot of business theory on how you should handle P&P and if it's better to have free, fixed, flat per item or variable. No matter the path taken the customer ultimately pays for it. 

Was going to make the same point, the delivery charge may just be a nominal amount but allows for exceptional extra cost cases (like delivery to the Highlands & Islands or NI) to be adjusted for more "easily". 

Okweird0987

Thanks for all the replies, after speaking with them they also said if I exercise my right to cancel after I accept delivery they will not refund any delivery charges as per their company policy!!