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They won't cancel my order

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  • Alderbank
    Alderbank Posts: 4,572
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    edited 10 February at 2:13PM

    I agree that the retailer is likely to be uncooperative.

    I would not attempt chargeback (at this stage) because chargeback does not apply to change of mind, including ordering by mistake, and you only get one chance at chargeback.

    The total order was over £100 but under £100 excluding delivery costs so an s75 claim might fly, because sometimes delivery charges are allowed.

  • KaratePigeon
    KaratePigeon Posts: 326
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    Thanks, I've had no response from them yet, my order status is still just saying confirmed so not like they processed it in a hurry.

  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 10,054
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    edited 11 February at 8:56AM

    It says a contract isn’t formed until they process the order in the warehouse (or words to that affect), so if you cancel before then you are just withdrawing your offer, a contract is not formed, they have 14 days to refund under the CCRs.

    Difficult to enforce if they ship the order (you’d be an involuntary bailee, they should collect, separately you’d eventually go via small claims for the refund).


    Best result here is they don’t send and chargeback with bank for non receipt. 14 days for VISA and 30 for Mastercard IIRC, speak to bank if nothing materialises after the 14 days from payment.

    In the game of chess you can never let your adversary see your pieces
  • "Nationwide deliveries to site from over 400 branches"

    "We offer a vast amount of cost effective building supplies for both trade and public with quick nationwide deliveries from over 200 branches."

    And then there are no branches listed anywhere on the site

    "We have a showroom based in Derbyshire where you are welcome to view windows, doors, lanterns & sample products."

    Great, but there's no address on the site.

  • KaratePigeon
    KaratePigeon Posts: 326
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    They've replied but just saying 'this does not affect your cancellation rights. You are still able to cancel the order, meaning you can return it within 14 days, as per our terms and conditions'. I've asked why they are still going to send it, knowing it'll cost them more to process the return! (my order still just says confirmed, no sign of anything being sent yet).

    I don't want this to drag out for ages, I've got an electrician coming to do another job and wanted these fitted at the same time - I'd order from elsewhere but then worried I'll be stuck with these if they do turn up and it's not cost effective to get my money back! Reviews on trust pilot are bad, but people do seem to be receiving stuff (albeit unreliably). I'm annoyed with myself, am usually a bit more careful where I order from but did it in a hurry!

  • KaratePigeon
    KaratePigeon Posts: 326
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    Uggh, I think it's turned up. I came home and it was on the doorstep so didn't get chance to refuse it. It's got my address on, but weirdly a company name instead of mine. Looks badly packaged too, in a soft cardboard box with black wrap on it and some fragile tape - box is quite squashed. I think I've got 2 options:

    1. Open it and if the lights are not damaged then just suck it up that I've spent £40 more than I wanted to and let them get away with their terrible customer service.
    2. Don't open it and contact them for a 'returns form' and send it back. I'll lose the return postage and whatever they deem a suitable 'restocking fee' and 'admin fee' - hassle, probably going to lose £40 anyway and still have to buy them from somewhere else. But feels the right thing to do on principle!
  • saajan_12
    saajan_12 Posts: 5,937
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    Don't open it and contact them for a 'returns form' and send it back. I'll lose the return postage and whatever they deem a suitable 'restocking fee' and 'admin fee' - hassle, probably going to lose £40 anyway and still have to buy them from somewhere else. But feels the right thing to do on principle!

    Theoretically you shouldn't lose the restocking fee or admin fee, as consumer rights are not subject to their T&Cs. Of course theory and practical are different, but if the fees don't exceed the £40 difference, I would probably take that risk. Basically guaranteed £5 loss, potential £40 loss vs guaranteed £40 loss.

    Also cost up the cost of returning - I'm assuming £5 but if its much more then that may change things.

  • Alderbank
    Alderbank Posts: 4,572
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    You have a third option.

    Open the inadequate packaging. If any of the lamps are damaged as you suspect, exercise your consumer right to return them for a full refund.

    That's the right thing to do on principle.

  • Okell
    Okell Posts: 3,958
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    edited 12 February at 4:27PM

    1 This ^

    I don't see the OP has anything to lose by opening the package.

    If they're damaged the OP exercises short term right to reject for a full refund and seller has to pay return costs.

    Seems a no-brainer to open the package…

    2 If they aren't damaged, has anybody checked to see if the seller's T&Cs cover the information specified in para 35(5)(b) of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013?

    If they haven't provided that information, then the OP can cancel the contract and the seller must pay the return costs

    (I haven't checked the T&Cs because my software is blocking their site too)

    3 If the OP hasn't already done so I'd point out to the seller that it is potentially a criminal offence to mislead consumers into believeing that if they exercise their statutory right to cancel a contract and return goods they have to pay any additional fees - including restocking and admin fees. I'd let them know I;d be asking CAB to refer this to Trading Standards for consideration.

  • eskbanker
    eskbanker Posts: 42,290
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    has anybody checked to see if the seller's T&Cs cover the information specified in para 35(5)(b) of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013?

    If they haven't provided that information, then the OP can cancel the contract and the seller must pay the return costs

    (I haven't checked the T&Cs because my software is blocking their site too)

    This is the sum total as far as I can see, a cursory reference to statutory rights but no detail:

    CANCELLATIONS & RETURNS POLICY

    Once an order has been placed and confirmed, it cannot be cancelled.Our systems process orders immediately with our suppliers to ensure fast dispatch and delivery times.

    All orders are final once confirmed.

    We are unable to make changes, amendments, or cancellations after an order is placed.

    This applies even if the order has not yet been dispatched.

    Trade and special-order goods (including bespoke, made-to-measure, or non-stocked items ordered specifically for you) are strictly non-cancellable and non-returnable once placed.

    For consumer purchases of standard stock items, statutory rights remain unaffected under the Consumer Contracts Regulations 2013, which allow a return within 14 days of delivery for eligible goods.

    For our Returns Policy please click here.

    (returns policy page makes no reference to statutory rights)

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