Retailer won't accept partial return of an order

the_lunatic_is_in_my_head

Okell said:

I think that probably makes sense.

It's interesting that the regs talk about an order with multiple items on it and how staggered  delivery dates might affect the 14 day cancellation window, but nowhere is there any suggestion that you can cancel part of an order with multiple items on it rather than the whole order

It does indeed make sense that if you cancel the contract then, well, you cancel the contract rather than a bit of it. 

I assume reference to "the goods" simply means the goods under the contract so doesn't need clarifying further. 

The point raised in the past was that each contract contains mini contracts for each set of goods.

The guidance above was written in 2014 (I'm sure the quote is from the 2021 version but the 2014 says the same), whether unholyangel or the trading standards offices she said spoke to (I'm discounting CAB as I don't think they are a reliable source for these complex matters) were aware of such who knows? 

Personally I do think you should have to return everything when you cancel especially when you consider the point you've raised about the cancellation period and staged deliveries.  

Okell

The people it will affect most are those who buy multiple different outfits (or one outfit in several sizes) in one transaction in order to see which looks best (or fits best) with the intention of returning the others.

Returns will presumably be under the trader's own returns policy and won't have any of the protections under the CCRs.

icstm

Sorry to resurrect an old thread, but I too have seen many tile companies stating that they do not accept partial returns.

However my thinking is that these would make their T&Cs "unfair" under consumer law, as follows:

The purpose of the CCR 2013 is to give consumers a 14-day cooling-off period to examine goods as they could in a shop. A term that forces the consumer to return all 10 boxes (including the 5 they genuinely want to keep) in order to exercise their statutory right is arguably disproportionate and unfair.

Would this be right?

molerat

https://forums.moneysavingexpert.com/discussion/comment/82140846#Comment_82140846

Where does that quote come from ? Consumer law or an opinion ?

user1977

https://forums.moneysavingexpert.com/discussion/comment/82140864#Comment_82140864

I suspect their learned counsel is ChatGPT.

Alderbank

You need to tell your AI bot that the CCR gives the right to cancel the order. Cancellation means both parties are returned to where they were before the contract was made, i.e. the seller gets all their goods back and the buyer gets all their money back.

Buyer can inspect the goods as they would in a shop so for tiles you could open a box to look at the tiles inside, but beyond that the CCR says the seller can deduct up to 100% of the refund for any loss of value.

For example you might buy a pair of shoes, cancel the contract and return one shoe expecting a 50% refund. The seller can't refuse the cancellation but might counter that half a pair of shoes has no retail value so he deducts 100% from the refund (i.e. you get no money back).

CCR regs don't specify how loss of value is calculated so it would be a matter of negotiation between you and the seller if you do not return the full order.