Retailer won't accept partial return of an order

eskbanker

Mark_d said:

eskbanker said:

Mark_d said:

The website T&C are very clear that they do not accept returns for surplus packs of tiles.  So why are you attempting to return packs of tiles?

Company Ts & Cs can't override statutory rights, so OP is legally entitled to return an online purchase within 14 days, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Do you think CCR gives you the right to make a partial return of the order?

I don't know, to be honest, but the point was really that OP's rights aren't just determined by what the company's Ts & Cs say.

born_again

There is no chargeback for change of mind.
Retailers T/C make no difference to this chargeback.

Okell

chip2000 said:

... My request to return happened within 14 days of receiving the tiles.

According to the strict wording of para 32(2) and (3) of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, in order to exercise your stautory right to cancel a distance contract, the consumer must do it in the following manner:

"(2) To cancel a contract under regulation 29(1), the consumer must inform the trader of the decision to cancel it.

(3) To inform the trader under paragraph (2) the consumer may either—

(a)use a form following the model cancellation form in part B of Schedule 3, or

(b)make any other clear statement setting out the decision to cancel the contract."  [My bold for emphasis]

It's arguable that just returning goods without telling the trader you are cancelling does not fall under the regs.

So did you tell them you were cancelling the order or did you just try to return them?

(Not sure about the partial cancellation bit...)

the_lunatic_is_in_my_head

Okell said:

(Not sure about the partial cancellation bit...)

Unholyangel's answer was "yes" you cancel part of an order but that was years ago and I've not seen anything to suggest you can or indeed can't so....? 

Okell

I find it odd (another drafting anomaly?) that the regs don't deal with what I would have thought was an obvious question and one that was very likely to crop up.

It's interesting that para 30 deals with how the 14 day cancellation window is to be dealt with in respect of contracts under which "multiple goods are ordered by the consumer", but nowhere do the regs talk about whether you can cancel part of a contract under which multiple goods have been ordered.

the_lunatic_is_in_my_head said:

Okell said:

(Not sure about the partial cancellation bit...)

Unholyangel's answer was "yes" you cancel part of an order but that was years ago and I've not seen anything to suggest you can or indeed can't so....? 

Can you find that again?

chip2000

Okell said:

chip2000 said:

... My request to return happened within 14 days of receiving the tiles.

According to the strict wording of para 32(2) and (3) of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, in order to exercise your stautory right to cancel a distance contract, the consumer must do it in the following manner:

"(2) To cancel a contract under regulation 29(1), the consumer must inform the trader of the decision to cancel it.

(3) To inform the trader under paragraph (2) the consumer may either—

(a)use a form following the model cancellation form in part B of Schedule 3, or

(b)make any other clear statement setting out the decision to cancel the contract."  [My bold for emphasis]

It's arguable that just returning goods without telling the trader you are cancelling does not fall under the regs.

So did you tell them you were cancelling the order or did you just try to return them?

(Not sure about the partial cancellation bit...)

Unfortunately, I just enquired about the return procedure and told them what I wanted to return. I never explicitly said I wanted to cancel my order.

sheramber

Although the OP wants to return the whole order of one design of tile the CS person is regarding it as returning ‘ surplus boxes’ from one order. 

You could buy two designs and  use them. In a pattern. 

Any unused may be one design only but these boxes are surplus to requirements. ’. 

Two different scenarios that I doubt  CS would distinguish. 

It would need to be referred higher up.

Okell

chip2000 said:

Okell said:

chip2000 said:

... My request to return happened within 14 days of receiving the tiles.

According to the strict wording of para 32(2) and (3) of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, in order to exercise your stautory right to cancel a distance contract, the consumer must do it in the following manner:

"(2) To cancel a contract under regulation 29(1), the consumer must inform the trader of the decision to cancel it.

(3) To inform the trader under paragraph (2) the consumer may either—

(a)use a form following the model cancellation form in part B of Schedule 3, or

(b)make any other clear statement setting out the decision to cancel the contract."  [My bold for emphasis]

It's arguable that just returning goods without telling the trader you are cancelling does not fall under the regs.

So did you tell them you were cancelling the order or did you just try to return them?

(Not sure about the partial cancellation bit...)

Unfortunately, I just enquired about the return procedure and told them what I wanted to return. I never explicitly said I wanted to cancel my order.

Ok.

Some people think you have to explicilty tell the trader in some form of writing (incl eg email) that you are "cancelling the contract" - because that is what the regs say you have to do.

Other people say that the 14 day right to cancel a distance contract is so well known that any return of goods within 14 days ought to be treated - "obviously" - as a cencellation under the regs, otherwise why would you be returning the goods?

I wouldn't like to say what the correct answer is - I'd argue either way depending on the circumstances.

Are you still within 14 days of delivery?

Okell

I forgot to ask - can you tell us who the trader is and/or give us a link to their T&Cs?