Cancelled mobile phone refund

the_lunatic_is_in_my_head

https://www.motorola.com/gb/en/legal/terms-of-sale

Terms are a mess but

We indicate acceptance of an order by shipping the Device to the customer.

As cancelled before dispatch they need to refund within 14 days of withdrawing the offer. Letter before action and small claims is the answer if you can't get any joy out of communication with customer services.

https://www.legislation.gov.uk/uksi/2013/3134/regulation/34

(6) Otherwise, the time is the end of 14 days after the day on which the trader is informed of the consumer's decision to withdraw the offer or cancel the contract, in accordance with regulation 32.

SiliconChip said:

It goes on to say that reimbursement may be withheld until goods are received back or I have supplied evidence of sending goods back, which I would argue is what the UPS tracking status shows.

That doesn't apply to you, only applies when cancelling the contract, you withdrew your offer so there was no contract to cancel. 

Not related to OP but in a situation where a contract had been formed

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52021XC1229(04)&qid=1640961745514

5.5.5.   Risk when returning the goods to the trader

Where the consumer has never taken physical possession of the goods, e.g. by refusing to take delivery, either without any explicit statement or with a statement to the trader about withdrawal from the contract, the trader would continue bearing the risk of loss or damage since no transfer of risk to the consumer will have taken place according to Article 20.

outtatune

SiliconChip said:

born_again said:

SiliconChip said:

born_again said:

TadleyBaggie said:

born_again said:

So did you refuse delivery?

Fourth bullet point suggests they did.

I know, just asking to confirm.👍

As would have been better to take phone & contact them for returns address.

Simply refusing delivery, can lead to a world of pain as there is no real tracking process. Item could get stuck in van or depot it's taken back to, waiting for someone to sort out.
Never mind that a returns address can be different to a fulfillment canter they are sent from.

Yes, I did refuse, which is what Motorola told me to do, as I've stated in the 3rd bullet point.

So it could be stuck in customs?

You seem to be keen on raising irrelevant points but not so keen to answer what I've asked. If you don't know the answer then it's probably best not to post at all as you're wasting everybody's time. 

How to get people to help you out on the internet, in 2 easy steps:

1. Don't do this
2. Do something else

Easy peasy!

SiliconChip

born_again said:

Must use Vision Express then 🤣

My bad, don't re read whole thread each time.

As I said, the link was there from the start because I expected that anyone who was able to offer an informed response (and I include you in the list of posters that I thought would be able to do that) would want to read the T&Cs for themselves.

SiliconChip

the_lunatic_is_in_my_head said:

https://www.motorola.com/gb/en/legal/terms-of-sale

Terms are a mess but

We indicate acceptance of an order by shipping the Device to the customer.

As cancelled before dispatch they need to refund within 14 days of withdrawing the offer. Letter before action and small claims is the answer if you can't get any joy out of communication with customer services.

https://www.legislation.gov.uk/uksi/2013/3134/regulation/34

(6) Otherwise, the time is the end of 14 days after the day on which the trader is informed of the consumer's decision to withdraw the offer or cancel the contract, in accordance with regulation 32.

SiliconChip said:

It goes on to say that reimbursement may be withheld until goods are received back or I have supplied evidence of sending goods back, which I would argue is what the UPS tracking status shows.

That doesn't apply to you, only applies when cancelling the contract, you withdrew your offer so there was no contract to cancel. 

Not related to OP but in a situation where a contract had been formed

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52021XC1229(04)&qid=1640961745514

5.5.5.   Risk when returning the goods to the trader

Where the consumer has never taken physical possession of the goods, e.g. by refusing to take delivery, either without any explicit statement or with a statement to the trader about withdrawal from the contract, the trader would continue bearing the risk of loss or damage since no transfer of risk to the consumer will have taken place according to Article 20.

Thank you, that's extremely helpful. Obviously I'm not going to jump straight into LBA/MCOL without giving Motorola a chance to respond to an informal request to make the refund but it's great to have the relevant legislation on which to base a formal request should that be needed. It's also helpful to know that the return of goods is not a factor in this instance.