We know there’s still a bit of time until Black Friday, but bargain-hunting waits for no one – and the sales have already begun!
Black Friday is one of the biggest shopping events of the year, helping consumers purchase discounted goods throughout November, on the run-up to Christmas. But what happens if you find a great deal, pay… Then receive an email to say your order has been cancelled?
This can be particularly frustrating during Black Friday sales, as the offers are often limited-time, meaning that an order cancellation can sometimes mean you miss out on the bargain altogether.
What do your UK consumer rights say about an order cancellation? When are you entitled to a refund, and can you try to re-order the product?
Here’s what you need to know!
Have you got an order cancellation complaint?
If you’ve hit a wall with a retailer, RetailADR offers a FREE, independent route to a resolution – approved by the Chartered Trading Standards Institute to settle disputes between consumers and Participating Member traders right across the UK.
Why do retailers cancel orders after payment? Have you been scammed?
If a retailer has cancelled your order after you’ve paid, it doesn’t necessarily mean you’ve been scammed; there are many legitimate reasons an order could be cancelled.
For example:
- Stock shortages
- Pricing errors
- Payment problems
- Technical issues
But if the retailer is withholding your refund after having cancelled your order, then this may raise questions about their legitimacy.
If you believe you have been scammed, you should contact your bank in the first instance to see if you can recover the payment, and report the retailer.
Simultaneously, a cancellation from a legitimate retailer is not necessarily justified simply because an item has sold out, or they made a mistake. All will be explained below!
Does a retailer have the right to cancel your order?
Yes and no.
In the UK, your rights partially depend on when the contract of sale between you and the retailer was formed – and no, your contract with the retailer does not necessarily form automatically when you pay for a product.
The rules for when a contract of sale between you and a retailer has been formed will differ from trader to trader, and should be outlined in their own terms & conditions.
For example:
Many retailers say that an initial order confirmation email after your payment only acts as an acknowledgement of your order, and that the binding contract between you is only formed once they’ve actually dispatched the goods.
If a binding contract was not formed before the retailer cancelled your order, they generally wouldn’t have had an obligation to fulfil it, and were likely within their rights to cancel it.
What if a contract of sale between you and the retailer was formed before they cancelled your order?
If a contract of sale was formed, then the retailer may have breached its legal obligations to fulfil your order by cancelling it – especially if they did so without valid reason.
The specifics of whether or not the retailer had the right to cancel your Black Friday order in this circumstance will differ on a case-to-case basis, and the following points will all play a key role in determining this:
- The timing of the cancellation
- The wording of the retailer’s correspondence with you
- The terms & conditions in place at the time of your order
What if the retailer already took your money?
If your order has been cancelled by the retailer after you paid for it, you are entitled to a full refund thanks to UK consumer rights laws such as the: Consumer Rights Act 2015, and the Consumer Contracts Regulations 2013.
In fact, not only are you entitled to a refund, but under the Consumer Rights Act 2015, this refund ‘must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.’
If you have waited and not received a refund from a retailer after they cancelled your order, it may be worth chasing things up to ensure you actually get your money back.
Consider the following steps:
- Check your bank statement: is the transaction pending, or has the money actually been taken?
- Re-read your order cancellation email: what was the stated reason, and did they mention issuing a refund?
- Keep a record of everything: take screenshots of your order confirmation, correspondence, and receipt/s
- Complain to the retailer: make a formal complaint asking for your money back
- Escalate matters: if the retailer doesn’t refund you after your formal complaint, escalate matters elsewhere – such as via a free ADR scheme like RetailADR, or court
Can you demand a retailer honour the original Black Friday price?
When it comes to Black Friday order cancellations, this is of course a major question many shoppers have.
For example:
- You ordered a TV for its Black Friday sale price of £499
- The retailer cancels the order because the TV is out of stock
- You return to the site days later, and see the same TV now listed for £699
In this situation, can you legally demand that the retailer sells the TV to you for £499?
Again, this all depends on whether or not a contract of sale between you and the retailer was formed prior to them cancelling your order:
- If not, then no.
You likely don’t have any legal grounds to demand they sell the TV to you at that Black Friday price after the fact. - If a contract of sale was formed, then maybe.
You may be able to ask for that discounted price as part of a customer service remedy.
How RetailADR can help with order cancellation complaints
RetailADR provides an independent, FREE, and impartial Alternative Dispute Resolution service to resolve disputes between consumers and traders.
We’re a neutral third party: you can escalate your order cancellation complaint with us at no cost, and our specialist Adjudicators will review all the information and evidence from both you and the trader before coming to a stress-free conclusion!
Once we’ve established a Complete Complaint File, it only takes 60 Days for us to issue a Determination on your case – and guess what? If you accept our decision, it becomes legally binding. Simple!
How do I get started?
Once your evidence is together, you can lodge your complaint with us for FREE in whichever way suits you – through our online portal, by post, or by phone:
> Start your complaint with RetailADR
> What to do before you come to us
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