Thoughts Regarding Consumer Rights / Business Practices (Unsuccessful Cancellation of Order)

dmbminaret on 15/01/2022 - 22:53

Hi all,

Interested in anyone's thoughts on this scenario, as it doesn't really fall into the 'change of mind' stipulation.

The wife wanted to find some Rapid Antigen Tests to use before heading back to work. I found a workwear store online that displayed stock and free delivery with orders over $100. I was keen on getting some new work shorts also, so on the 3rd of January I placed an order for two pairs of shorts ($71.80) and two RATs ($33.98) to secure the free delivery.

I paid by afterpay and received email confirmation of the order and advice I would be notified with tracking when shipped.

On the 6th January, I looked on their website to see if my order had progressed as I was keen for the shorts especially to be posted. I noticed their listing of the RAT tests were now displaying as a preorder for the 20th January fulfilment. I suspected my order had not progressed due to supply of the tests not being available, so I sent a quick reply message from the confirmation enquiring whether the order was going to be dispatched or if they were waiting on either products to fulfil it.

On that day (6th Jan), I received this correspondence:

Hi
We are currently processing all Rapid Antigen Test orders as fast as possible. During this time we are unable to respond to email enquiries as we are busy packing orders.
Please understand we are one of the only suppliers fulfilling the V-Chek saliva test and have been inundated with orders.
As soon as your order has been dispatched you will receive a tracking number from us via email or sms.
Thank you for your patience and understanding.

On the 11th of January, the order had still not progressed and I had found the same product on ebay from recommendations for cheaper, so I sent mail requesting cancellation of the order:

Hi,
Please cancel and refund this order.
I assume you're waiting for RAT test supply, but I was actually wanting the shorts shipped. I only added the tests to reach free postage.
Have since found shorts alone cheaper.
Thank you.

After no reply, I resent the same message on the 13th January after checking once more of non progress of order.

On the 14th January, there is a note of the website order that the shorts have been sent, but I have received no email of dispatch or tracking and nothing has automatically populated in my australia post app.

My question is, do you agree that I should be within my rights to request a refund? I base this on the fact that I didn't have a 'change of mind' but their failure to fulfil the order and I requested the cancellation before any goods had been dispatched.

The consumer law is grey here:

Exceptions to guarantees
Consumer guarantees do not apply if you: got what you asked for but simply changed your mind, found it cheaper somewhere else, decided you did not like the purchase or had no use for it

I didn't get what I asked for. Hence the request for cancel.

Their refund policy: We do not refund items that are on sale, clearance, Incorrect size ordered, or for change of mind.

Failure to supply a product or service
When a business accepts your payment for products or services they must supply them to you within the timeframe they have indicated or if no time was specified, within a reasonable time.

What is a reasonable time? Their website says:

How long will it take to get my order?
We use Australia post service as much as possible along with other couriers when they would be faster to your location.
Need it fast? Contact us and we can provide you with an estimation.

My biggest gripe is the suspected practice of sending after not acknowledging the request. Seems really sneaky just to avoid refunding.

General Discussion

Related Stores

genxsafety.com.au
genxsafety.com.au

Comments

  • snoopy76 on 15/01/2022 - 23:13
    +1

    We are in the middle of a pandemic and current variant wave peak, it's not unreasonable that orders are taking longer to process and deliver. This is a clear change of mind and the only way you'll get the outcome you want is if they cave to your request.

    • dmbminaret on 15/01/2022 - 23:24
      -5

      I understand that, which I why I initially asked if they were unable to fulfil some of the order. At that time, I would have been happy to forfeit the rat tests and substitute for something else to alleviate the issue.

  • burningrage on 15/01/2022 - 23:27
    +3

    Here is a thought…

    Many Ozbs are arguing in the event of price error that the vendor should honour but repeatedly, the vendor always quoted somewhere (maybe the law or their own policy) that no contract is binding until the goods have been delivered and so, they exercised their right to cancel your order.

    So come today, your case…

    You ordered something. You asked for delivery of work shorts, they said no. You then want to cancel, then suddenly they said yes and deliver it to you. Remember going by the above example, no contract is binding until delivery. You asked to revoke before they deliver (you have the evidence of this). I'd argue they should honour that cancellation. Your mistake however was to tell them you found the shorts cheaper elsewhere.

    • dmbminaret on 15/01/2022 - 23:33

      the vendor always quoted somewhere (maybe the law or their own policy) that no contract is binding until the goods have been delivered and so, they exercised their right to cancel your order.

      Yes. Perfect.

    • dmbminaret on 15/01/2022 - 23:37

      Your mistake however was to tell them you found the shorts cheaper elsewhere.

      Mistake? Maybe.
      Oversight? Yes.
      Should it matter? Nope. How desperate are you for a $100 order that you'll risk negative reviews?

      • burningrage on 16/01/2022 - 00:08

        "Should it matter? Nope. How desperate are you for a $100 order that you'll risk negative reviews?"

        There are a lot of things that I thought vendors won't do in the past. But in the last 2 years, they continued to surprise me. I agree it shouldn't matter but to quickly send the goods after your last email is suspicious.

        At the end of the day, I just keep reminding myself I am only one customer. A drop in the ocean. Wanna proof? Think of Australia Post.

        A lot of apps got negative review (eg: Medibank Private) for yonks but that doesn't stop people from piling themselves on it.

        Anyway, I hope you'll get your goods real soon.

        • dmbminaret on 16/01/2022 - 00:15

          but to quickly send the goods after your last email is suspicious.

          That's if they are even sent. I have no tracking or dispatch info.

          Anyway, I hope you'll get your goods real soon.

          The second purchase is tracking for delivery Monday.

      • snoopy76 on 16/01/2022 - 00:36

        If I read a negative review of your situation, it would have zero impact on my impression of the store. I know it was delayed but geez, you changed your mind and they clearly stated the issue with communication delays at present. If you were a regular online shopper, you would realise that many businesses are currently communicating similar sentiments. It's a pandemic!

        • dmbminaret on 16/01/2022 - 01:04

          I know it was delayed but geez,

          Delayed? I doubt it has even been sent even now. I get the feeling they are lying.

          you changed your mind

          I didn't change my mind. I purchased the exact same product and quantity from another vendor who could fulfil.

        • dmbminaret on 16/01/2022 - 01:10

          If you were a regular online shopper,

          I am. Pandemic or not, haven't experienced this level of bullshit before.

    • dmbminaret on 16/01/2022 - 01:29

      the vendor always quoted somewhere (maybe the law or their own policy) that no contract is binding until the goods have been delivered and so, they exercised their right to cancel your order.

      SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
      Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

      Good for the goose?

  • Jimothy Wongingtons on 15/01/2022 - 23:33

    As a business owner I would say it’s reasonable to offer to cancel the order as per request as tests are definitely going to sell. But again depends on the business

    • dmbminaret on 15/01/2022 - 23:40

      That's what I thought too. Consumer Law shouldn't even be a factor in this scenario which is probably why it's so grey.

      Most businesses would just cancel as they have not been put out of pocket unless there is Shopify or afterpay fees non refundable…

      • DoctorCalculon on 17/01/2022 - 00:38

        Most businesses would just cancel as they have not been put out of pocket unless there is Shopify or afterpay fees non refundable…

        Perhaps put yourself in the shoes of the business and their order fulfillment process.

        They may have started packing your order but you won't know it.
        That is effort / labour spent.
        Then comes a knocking your cancellation request.
        They are within their rights to say no or charge an admin fee for your change of mind.

        It would certainly be nice if businesses communicated all aspects of their order fulfillment process.

  • Benoffie on 16/01/2022 - 00:24

    ACL could apply as it could be argued re bait advertising - they didn't have sufficient stock of the advertised product and therefore it's reasonable for you to request a cancellation of the order given the delay.

    I have no idea if afterpay have a charge back facility. Otherwise I'd recommend that.

    • dmbminaret on 16/01/2022 - 00:28

      I have no idea if afterpay have a charge back facility. Otherwise I'd recommend that.

      They do not.

    • dmbminaret on 16/01/2022 - 06:07

      Yep. I understand that. Please hear that I was not making contact to complain about any delay.

      I was enquiring as to whether they were waiting till the 20th to fulfil the order as that is when the RATs were now due (I missed out on stock obviously).

      If that was the case, a substitute may benefit everyone (another pair of shorts), but I was met with an automated bullshit reply instead of a simple answer to a simple query.

      Now I am still not complaining about delivery delays, but their potentially dubious business practices of possibly marking something as sent to avoid cancel and refund. I feel they want to do exchange only. My question was about cancelling an order before shipping if refund should be a guarantee.

    • dmbminaret on 16/01/2022 - 06:29

      See https://www.accc.gov.au/consumers/consumer-rights-guarantees…

      If the business advises that it is no longer able to supply the item you have purchased, the ACCC expects that you will receive a refund.

      If the supplier has accepted payment for an item, they must supply it to you by the date they have indicated or within a reasonable timeframe (if no time was specified).

      According to this, should I expect a refund? Even though their terms will trump that…

      As I said, it's very much a grey area. I will send a new message with this information and ask what they consider appropriate I suppose.

      • Ughhh on 16/01/2022 - 08:52

        If you're referring to SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

        I would say that's more for price errors of that sort. Even then, that's to protect them and give them a choice to cancel order, rather than you.

        When did you make the purchase?

        • dmbminaret on 16/01/2022 - 10:02

          Yea, but it covers something that is 'in stock' on the site when really physically not in stock I would imagine (as it should of course).

          Ordered on 3rd Jan evening.

          • Ughhh on 16/01/2022 - 11:01

            @dmbminaret:

            We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

            It appears they have chosen to update information instead. Its only been 9 full business days, not even Myer would respond to your email. Given the whole pandemic situation affecting not just retail, but Austpost too, I think you're a little early to raise concerns.

            • dmbminaret on 16/01/2022 - 11:27

              @Ughhh: Understood and agree. As I said previously, it's not about the delay as such.

              I enquired whether order was going to fulfillment or backorder as the RAT tests were necessary for a particular time, otherwise I was keen to substitute backordered RAT tests with other in stock products.

              I understand the pressure. I will wait until they do whatever they want to do and then deal with it. I was just trying to circumvent unnecessary steps and postage by quickly cancelling.

      • DoctorCalculon on 17/01/2022 - 00:41

        within a reasonable timeframe (if no time was specified).

        Wide open to interpretation what such a timeframe would be, especially during an ongoing pandemic.

  • Tee Rex Arms on 16/01/2022 - 08:25
    -4

    I used up all my daily negs purely on OP’s self entities replies in this thread.

  • bongom on 16/01/2022 - 08:39
    +1

    During this time we are unable to respond to email enquiries as we are busy packing orders.

    OP seems to not understand that they are one of the many special customers that the business is trying to respond to?

    • dmbminaret on 16/01/2022 - 10:12
      -1

      So phone calls are quicker? Alternative?

      Even AliExpress have facility to cancel the order before it ships.

      In my view, if you can't service online, you shouldn't sell online.

      I noticed another store, that I purchase from regularly, turned off their website for a week to catch up and do counter sales only.

  • rektrading on 16/01/2022 - 10:26

    Chargeback?

    • dmbminaret on 16/01/2022 - 10:39
      +1

      Afterpay. No chargeback.

  • capslock janitor on 16/01/2022 - 17:31

    folllowing

  • dmbminaret on 24/01/2022 - 09:24

    Update:
    The shorts arrived. They were dropshipped on the 17th January. That is a full 14 days after the order that I attempted to cancel.

    I have lodged a return process with no response from the retailer. They're still in post satchel.

    The antigen tests that were in stock, then obviously not in stock, were promised to be shipped on the 20th January. There has been no notification of shipping for that either so far.

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