Distance selling - cancelling before delivery

jaxkesa · 5 January 2010 at 7:57PM

Hi, I need some advice on distance selling regs..

I ordered some home audio equipment online a few days ago (3rd Jan) however I didn't receive any kind of email confirmation. I emailed the next day to confirm the order but didn't receive a reply so I emailed again yesterday evening to cancel. I got automated 'we have received your email' confirmations both times.

Today I notice that my credit card has been charged and I got an email saying the goods have already given to courier to be delivered on the 7th so I would have to reject the goods and would then be given a refund minus the delivery charge and a £5 admin fee.

Their own website says a full refund minus delivery will be given if the goods are returned within 7 days (doesn't mention the £5 'admin fee'). Is it right that they won't refund me delivery charges? I find it hard to beleive it has already been dispatched if it's still another 2 days until delivery. I read somewhere online that they can't deduct delivery charges if you cancel before delivery but wanted to check.

cyberbob · 5 January 2010 at 8:07PM

Legally the distance selling regulations you have 7 days to inform them in writing (email counts) and 28 days to return the item. You sshould be refunded your original payment (which includes the postage). Also under distance selling regulations they cannot charge you an admin or restocking fee. You can be charged though the return postage

http://www.oft.gov.uk/advice_and_resources/resource_base/legal/distance-selling-regulations/

If you have problems its worth contacting your local trading standards

Hintza · 5 January 2010 at 11:09PM

Some of us were still on holiday yesterday....

Intasun32 · 8 January 2010 at 6:12PM

This may help, I am also in the process of a similar problem;

Distance Selling Regulations 2000

Rights of the consumer

Cancellation.

The consumer has an automatic right to cancel and rescind the contract at any time from formation of the contract until seven working days after the goods are delivered; or for service contracts, seven working days after the contract was formed (this may be before the service has been performed).

Where the supplier has not provided the consumer with all the required information, the consumer has an automatic right to rescind the contract within three months and seven days of delivery of the goods, or of formation of the contract (service contracts).

The automatic right does not apply to contracts for:

Products of fluctuating price.
Audio or video recordings or computer software if they are unsealed by the consume
supply of periodicals or newspapers
Gambling purposes.
Customized products.

Effects of Cancellation.

Reg 14 provides that the supplier shall reimburse the consumer within thirty days of the notice of cancellation being given (including delivery costs).

Reg 17 provides that the consumer is expected to take reasonable care of goods and deliver them to their door upon collection by the supplier. If the supplier has not tendered the goods within 21 days after notice of cancellation was given, the consumer can treat them as unsolicited goods.

:beer:

underlay_guru · 8 January 2010 at 6:56PM

Hi,

This pdf document is a full list of rules and guidelines that any company involved in distance selling must follow:

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

Refer imparticular to:
Paragraph 3.35, which states that if you, the consumer, have informed the seller of your right to cancel, you are entitled to receive a full refund before you have received the goods regardless of whether the seller has already sent them or not. This is also mentioned in Paragraph 3.46.

Paragraph 3.48 states that the seller must refund you, the consumer, the full cost of the goods.

Paragraph 3.55 states that the seller cannot make any sort of admin/restocking charges should a customer cancel an order.

In your case, it appears the seller must give you a refund, cannot charge you for any delivery costs, must pay for collection of the goods from you (if you have received them), and cannot penalise you with any other fees, provided you return the goods to them within 7 days of receipt of the goods.

The_Pedant · 8 January 2010 at 7:26PM

You *may* still be liable for the delivery cost.

The seller must refund delivery charges when an item is returned unless their terms and conditions state otherwise. The terms & conditions can also expect the buyer to cover return delivery costs.

Double check their T&C's

Either way, the previous posters are correct on any admin/restocking fee not being allowed.

unsatisfied_2 · 14 January 2010 at 7:20PM

I bought an item as a christmas gift for my partner. Unfortunately the item was not suitable, Superfi refused refund even after MANY emails and emailing manager. Offered an exchange as a gesture of good will!!!
Appalling customer service, to get a refund you need to return within 7 days of order...and so they obviously dont care about the christmas market.
Still have £230 worth of audio equipment unopened in its box which is completely useless and worthless thanks to superfi.

Incdently, superfi were still selling the item at full price and so wouldnt have made any loss by refunding me....as i said appalling customer service...i will be taking my custom striaght back to Amazon who are top notch company!

hollydays · 14 January 2010 at 7:39PM

why was it not suitable?

gordikin · 14 January 2010 at 8:00PM

Why do you think you are due a refund?!

mariecc_2 · 14 January 2010 at 8:08PM

unsatisfied wrote: »

I bought an item as a christmas gift for my partner. Unfortunately the item was not suitable, Superfi refused refund even after MANY emails and emailing manager. Offered an exchange as a gesture of good will!!!
Appalling customer service, to get a refund you need to return within 7 days of order...and so they obviously dont care about the christmas market.
Still have £230 worth of audio equipment unopened in its box which is completely useless and worthless thanks to superfi.

Incdently, superfi were still selling the item at full price and so wouldnt have made any loss by refunding me....as i said appalling customer service...i will be taking my custom striaght back to Amazon who are top notch company!

See the post above about DSR's go on office of fair trading they can't do that at all....you only need to notify them of the cancellation to return within 7 days of receipt of items...... read the DSR's....

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

gordikin · 14 January 2010 at 8:30PM

mariecc wrote: »

See the post above about DSR's go on office of fair trading they can't do that at all....you only need to notify them of the cancellation to return within 7 days of receipt of items...... read the DSR's....

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

Read the post you quoted! Yes they can!

Distance selling - cancelling before delivery

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free