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  • FIRST POST
    • andrew_12345
    • By andrew_12345 11th Jan 19, 12:44 PM
    • 5Posts
    • 1Thanks
    andrew_12345
    Cost of return postage
    • #1
    • 11th Jan 19, 12:44 PM
    Cost of return postage 11th Jan 19 at 12:44 PM
    I purchased 2 HDMI cables online via a .uk website.

    I made the purchase on 8 Jan at approximately 17:53.

    However, I realised i purchased the wrong length of cable and logged in, clicked on my order, but their online system did not allow me to cancel. it seems the functionality is not there.

    Their office closes at 5.30 pm so i could not phone.

    I emailed them at 18:43 the same evening to cancel the order - I emailed the sales department.

    The next day, Wednesday 9 January:
    I received an automated email confirming receipt of my cancellation email at 16:06.
    Another email from sales saying it was too late to cancel as the items had been despatched ( Wednesday 09/01 at 16:20)
    Another actual automated despatch email on Wednesday 09/01 at 17:27, notifying me of actual despatch of items.

    Now the company wants me to pay the cost of returning the items. The issue i have with this is that they have effectively made it overly difficult to canel the order before despatching.

    1) they do not have the functionality on their site
    2) they took 20 hours to receive/respond to my cancellation request.

    In this case am i responsible for the cost of returning. I feel i took reasonable steps to cancel.
Page 2
    • GrumpyDil
    • By GrumpyDil 12th Jan 19, 6:51 PM
    • 191 Posts
    • 148 Thanks
    GrumpyDil
    It would help if you provided the t's and c's as there is an argument that if the terms say the contract is not formed until the goods are despatched then your email was withdrawing your offer to purchase the goods rather than cancelling the order.

    I've just had this discussion with another company and got them to pay the return costs. This may be a little different tho as we did speak to them before the item was despatched.
    • unholyangel
    • By unholyangel 12th Jan 19, 11:25 PM
    • 13,126 Posts
    • 10,482 Thanks
    unholyangel
    It would help if you provided the t's and c's as there is an argument that if the terms say the contract is not formed until the goods are despatched then your email was withdrawing your offer to purchase the goods rather than cancelling the order.

    I've just had this discussion with another company and got them to pay the return costs. This may be a little different tho as we did speak to them before the item was despatched.
    Originally posted by GrumpyDil
    This along with the previous posts about information that needs to be provided under CCRs.

    In order to have a legally binding contract, there needs to have been offer & acceptance. Most online retailers will state acceptance is on dispatch of the goods. In order for acceptance to be effective, it needs to be communicated to the offeror. Until it is accepted, an offer may be withdraw at any time and once it is, it cannot then be accepted (because it no longer exists).

    If acceptance is on order placement (or anything other thing that happened before you withdrew) then you'd be looking at cancelling under the CCRs. Where the advice given in previous posts will come into play.

    If acceptance is on dispatch then you withdrew your offer, there is no contract and you have the duties of an involuntary bailee (to take reasonable care of the goods and make them available for collection at your convenience and their expense).
    Money doesn't solve poverty.....it creates it.
    • neilmcl
    • By neilmcl 13th Jan 19, 10:00 AM
    • 12,343 Posts
    • 9,109 Thanks
    neilmcl
    i feel like we are being trolled here, you have been asked several questions which you have not answered.

    Where have you been told consumer rights do not apply? Personally, I have only said that some battles are not worth fighting, this might be one of them .

    They did provide a method of cancelling, you emailed the sales department and had confirmation of receipt, but it was too late. As previously noted, how long should a company wait until dispatch in case a customer changes their mind?

    As far as I am aware, and I am happy to be corrected if I am wrong, you do not have the right to cancel before dispatch, but you DO have the right to cancel the contract, this includes returning the items at your own cost unless they are faulty.

    You are quoting Which, but you should also remember that cancelling an order also applies to up to 14 days after delivery, the part you are quoting does not specify before dispatch, so you can cancel the contract but not necessarily cancel the dispatch
    Originally posted by marcarm
    ^This.

    OP, you need to understand what the word "cancel" means in respect to online purchases. It refers to your right to cancel the contract, not your ability to cancel the ordering/delivery process. Not all retailers have systems that run 24/7 and can respond straight away like Amazon, some processes will be automatic and once you've placed the order it will be quite difficult to stop the dispatch, particularly if it's out of business hours.

    And finally, please don't start bandying round the T word just because you're not getting the answers you wanted, so far posters are trying their best to help you but this may dry up quite quickly if you start behaving like that.
    Last edited by neilmcl; 13-01-2019 at 10:02 AM.
    • neilmcl
    • By neilmcl 13th Jan 19, 10:04 AM
    • 12,343 Posts
    • 9,109 Thanks
    neilmcl
    The old DSR'a were exactly what you want but that right was rescinded because it was unfair on the retailers.


    Bottom line is not all retailers are sitting by their computers just in case you change your mind or make a mistake. If you don't want this hassle then use the high street. Your carelessness shouldn't be costing retailers all ways. They already have to refund the postage costs getting it to you is that fair on them?


    No you're not always going to get the answers you want to hear, your mistake, suck it up.
    Originally posted by bris
    Care to explain that please?
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