help with online returns and DSR

[frezi]

Hi, I bought some building supplies from an online merchant last month on a Friday, due for delivery on the following Monday. Over the weekend I decided I no longer needed them and rather than sign for them, I refused delivery.

 

I emailed them after the weekend to let them know I was cancelling the order, and wanted a refund. Now they have turned around and said they will charge £80 as I refused to accept delivery. This was quite surprising as the original cost of delivery was only £35 anyway!

 

Can they do that? I never signed for anything, gave written notice of my intent to cancel within seven working days and they have acknowledged that they have received the returned goods.

 

The only thing in their terms and conditions says that if they have to arrange collection, they will charge £80, but the courier just sent them back as undelivered. Even then, compared to the original delivery cost, that seems rather excessive.

 

Thanks in advance

[Last Of The Time Lords]

Not sure about the cancellation aspect as you may have left it too late for reasonable notice of cancellation but there is this from S.37 of SOGA 1979:

Buyer’s liability for not taking delivery of goods.(1)When the seller is ready and willing to deliver the goods, and requests the buyer to take delivery, and the buyer does not within a reasonable time after such request take delivery of the goods, he is liable to the seller for any loss occasioned by his neglect or refusal to take delivery, and also for a reasonable charge for the care and custody of the goods.

(2)Nothing in this section affects the rights of the seller where the neglect or refusal of the buyer to take delivery amounts to a repudiation of the contract.

[raydetinu]

LOTTL; Distance selling regulations apply here; you have 7 working days from the actual receipt to cancel the order and get a full refund including the initial delivery charge, but usaually responsible for return.

However if cancelled pior to delivery in writiing/email the followig applies:-

 

 

Can a consumer cancel an order before they receive the

 

goods or where goods are lost in transit?

3.35

Yes. Where the DSRs give consumers rights to cancel, this right is

unconditional. If consumers cancel before they have received the

 

goods you must refund the total price of the goods, including any

 

delivery charges. Consumers who have cancelled under the DSRs

 

may refuse to accept delivery of the goods. Refusal in such a

 

situation cannot be treated as a breach of contract.

[frezi]

Thanks for the replies, I noticed the above too the other day. I have tried emailing but have had no response so will take this further!