Tried to cancel an online order

[Alistair]

I placed an online order today with dabs. After around an hour I realised I'd order one of the two items incorrectly so sent them an email requesting them to cancel the order completely & I'd start a new one. However, the only email I got was early this evening that the goods had been dispatached with a tracking no.

The problem is I no longer require any of the goods as I placed an order with Komplett just before lunchtime. I did fill in a RMA request form on Dabs website but was wondering if I would be within my rights to refuse to sign for the goods when parcelforce arrive with them tomorrow @ work?

Hoping that they would take them back to Dabs & save me carriage costs.

Oh, & obviously get my refund

Any thoughts on this ?

[5lab]

i'd refuse to accept them yes. is there no way to cancel the order online? if not you reasonably did all you could to cancel the order.

[Alistair]

I tried but the status said order completed - this was after an hour of palcing it this morning. It was at that point I emailed them. I hoped by generating an RMA @ lunchtime for goods that hadn't been dispatched this would make them take notice - it didn't work

Really anoying they don't have a phone no anymore

[Dav0s]

http://www.saynoto0870.com/search.php

search dabs and see if any of the numbers work

[999tigger]

You shoudl find a phone number for them and further follow it up in writing.
Deal with it now before they send the order off.

[Norky]

They delivered a TV to me by mistake, being honest (aka it wasn't a flatscreen! ) I simply told the delivery guy and he took it away again.

[Alistair]

Basically I got the folks @ work to refuse the delivery so apparently it will go back to them & I'l get my refund

[philyau]

refused delivery m8, parcel force will take it back to dabs when they are ready, parcelforce is slow may take them a week to return, but dabs will fully refund u inc the del charges.

phil

[Alistair]

refused delivery m8, parcel force will take it back to dabs when they are ready, parcelforce is slow may take them a week to return, but dabs will fully refund u inc the del charges.

phil

Thanks for the info Phil

[Saracen]

You certainly have a right to cancel, and you will get the cost of the goods back. That much is ensured by the Distance Selling Regs .... unless the goods were one of the limited range of goods where this right does not exist under the DSR.

Whether you get ther cost of the shipping back is a different issue. Dabs can argue that shipping is a service. If they do, then provided they've complied with the notifications they're required to give by para 8(3) of the DSR, you have no right to cancel once the performance of the contract has commenced .... and if they'd already started the shipping process, it had.

They could, therefore, refund for the goods (once returned) and decline to refund the cost of the shipping.

[philyau]

they refunded the del cost to me, when i refused del, and i didnt even ask them to.

phil

[Saracen]

they refunded the del cost to me, when i refused del, and i didnt even ask them to.

Some companies will, some won't. But in terms of what you're entitled to require of them, it's a grey area.

[Alistair]

As long as I get the refund on the goods asap I'll be happy. If I get the 6 quid shipping back its a bonus. If I had signed for the goods I would have had to ship the goods back at my expense. That would have been considerably more.

[Saracen]

.... If I had signed for the goods I would have had to ship the goods back at my expense. .....

From a legal perspective, there are situations where that is not necessarily true, though it may be an academic point in this specific situation.

But for general reference, when you cancel under the terms of the DSR, the supplier is responsible for the cost of return shipping unless a term of the contract places that responsiblitity on the buyer. Of course, that provsion means that any supplier that is even half awake has such a term in the contract. It's worth checking the contract, though, just in case.

But there's other exceptions too - and perhaps the most relevant is if there have been substitutions for the goods ordered. If you ordered an ABC video card, and an XYZ video card is supplied instead (even if that card is better than the one ordered), you can require the supplier to pay your shipping costs, or to collect at their own expense, if you opt to cancel.

The other major exception is where you have a right to cancel under any other contract term including implied terms such as the 'fitness for purpose' or 'satisfactory quality' provisions of the Sale of Goods Act.


As I say, it probably wouldn't have applied to you in this case, Alastair, but there certainly are situations where you wouldn't have to bear the cost or returning the goods. It's worth keeping that it mind.

[Alistair]

Thanks for info Saracen

It was actually Dabs themselves when they replied to my first email (some 27 hours later) who said if I signed for goods then I would have had to pay return costs to them. They also said I would be able to reject the goods - but I had already done this based on the feedback I got on here earlier


Many Thanks for all the feedback on this. I just hope dabs pull their finger out with my refund

[Saracen]

That does seem like a pretty good attitude from Dabs. Maybe they have a contract with the courier that says they only pay on successful delivery?? If so, it's a bit hard on the courier, but maybe that's just a commerical reality they accept if they want the contract from Dabs.

Either way, provided you don't pay it I'd guess you don't much care.

Good luck with the refund. I sent some stuff back to BlankDiscShop/SVP (whatever you call them) a few weeks ago and the refund hit my bank about 48 hours after I shipped the goods on RMA .... so it certainly can be done.