Help! M&S won’t refund, on live chat

[ComputerIsSayingNo]

On live chat, did a big order for M&S for DH’s birthday. Present and clothes to wear. Ordered on the 9th and paid extra for next day delivery. This was presented as the 11th as the 10th was a Sunday. Didn’t arrive yesterday and checked today to see they have put delivery as the 19th. I wouldn’t have selected this date and don’t know where the error is.

Asked for them to send for tomorrow, said no. Asked to cancel and refund my order so I can reorder for tomorrow, said I am not allowed to cancel the order or ask for a refund. Even though it hasn’t been dispatched and won’t be a for a week!

i have siad distance selling allows me to cancel according to government but they are still saying I am only allowed to cancel 30mins after the order.

M&S's refusal to allow cancellation and refund appears to be an oversight in customer service. @ComputerIsSayingNo what about talking to a human operator or a different person

Nice story you made up there. No supervisor was involved.

but under the govt rules they can cancel. which should override the company

As has been pointed out numerous times, the right to cancel just means you can cancel the contract and return the goods. It doesn't mean you can prevent them being dispatched.

Yes I have tried to cancel Amazon orders before but if it is too late in the system I just get a message to either return the product or refuse delivery.

fair points on that, i had not read all the comments,

In case anyone else is replying without reading the thread, I have acknowledged they can’t change it, I understand the right to cancel only applies to once I have received it, it’s all good. My initial reading of the government website was wrong, hence asking on here for advice, which I got and acknowledged. I haven’t flounced or said “I am right” and I don’t recognise that awful cartoon as me sorry. I have reordered and will return these items in the magically safe open store bin and iPad. My last post wondering was just to the fact that the date that I had thought I had selected was the date the money came out of.

Other people saying about ordering next day on a Saturday, yes that’s why I had selected yesterday/Monday as that was the first one offered as next day. And the day my money came out, which I was taking as conforming I had ordered for the day I thought I had, not some random Tuesday not even andjacent accidentally hit on the calendar.

But happy to log on later to another 50 responses telling me I have no right to cancel and it’s my fault!

If it hasn’t been dispatched yet simply go into the sparks app click the more bit which is normally at the bottom right hand corner it will come up with store purchase also online orders. Click online orders tap the pending order and there’s a cancel order bit. I did this back in October when it was giving me a ridiculous delivery date. Managed to purchase it in store and they kindly gave me the online only offer because of the huge wait time which no one could understand. Speak to people with kindness and they will help you with pleasure. Being rude and disrespectful doesn’t get you far it’s not the person fault they are following a procedure that they have to do.

The cancellation period for goods is up to 14 days from when you receive them but M&S have a longer return period than that anyway and it was extended for over Christmas.

If you paid extra for next day delivery and they say that will be the 19th, why do they think you paid extra? They cannot accept payment for next day if it's going to be the 19th as the 18th has yet to arrive - unless they work with Dr Who. It is a nonsense! If they have a Facebook page you could lay this out succinctly for all to see. It is the equivalent of speaking loudly in a shop - not shouting and ranting but assertively. No business likes to be publicly criticised when they are so obviously being pig-headed.

If it's any consolation I didn't think you were anything like the cartoon.

It is puzzling, though, that M&S accepted an extra fee for "next day delivery" for an order that they have scheduled to arrive in a week's time! Surely you should be able to get a refund for that if nothing else?

(Apologies if anyone has mentioned this already)

Edit - spelling

Next Day Delivery is the same as Named Day Delivery at M&S - you can pick whether to get it the next day or on an exact day of your choice. It's the same button to select it and the same price.

She will be able to get a refund but only when she posts the order back to them.

@LubaLuca yup same and named were the same. I selected Monday 11th as the first day from ordering on a Saturday. Like todays order it flashes up big confirmation with the date, I would have noticed then. It was my error not reading through the email fully with the amended date, I just saw it was the correct order. The Tuesday and Monday dates aren’t even adjacent. And the fact that the money was taken from my account on the Monday, when that was the date I ordered does make me wonder where the date error occurred. I would have expected it to be processed at the time on Saturday or for the dispatch day if not until the 18th. But I’m sure I will have my banking knowledge updated now.

@margotrose thankyou, I knew I could always get a refund, the issue was the date wasn’t the once I placed and I needed the money back to order again for tomorrow. Also the environmental etc. I won’t be getting the refund until a minimum of 7 days from the date I can return it to store after it arrives on the 19th. Which I will assume won’t be until the new year, apart from the fact the items were needed today for a night out this evening.

Other stores and shops seem to be able to cancel orders, it just seems M&S are too big and they can’t stop the process once an order is placed and they have taken your money, even if there has been an error.

Thanks for this. Really helps. Honestly, so much. The tone was just perfect.

I had acknowledged all your other posts and acknowledged my error of understanding the law. Hence my posting a “live” post whilst I was on chat asking for advice. Like I guess 90% of posters on MN can just “google it”, strangely enough people seem to like to ask strangers for advice.

Apologies if you felt I had not acknowledged you enough in my previous posts to you thanking you for your explanation. Sorry if I posted once more in a stressful situation wondering if I hadn’t maybe got my ordering date wrong seeing as though the money came out on that date.

I don’t feel I was repeatedly saying I was wrong, I was responding to questions by other posters. I can see that times when orders have been delayed and the company has cancelled the order when not arrived in time has just been down to company good will. And M&S would rather items sent and returned in the hope you don’t return them.

Thank you I appreciate you weren’t referring to me as the cartoon but we’re posting the explanation when I said I didn’t understand the reference 🙂 If it’s any consolation I have got my next day delivery charge refunded, well they said they would but I don’t think that will actually happen.

In the United Kingdom, the specific legal framework that grants consumers the right to cancel an online order before it's dispatched is outlined in the Consumer Contracts Regulations 2013.

The regulations establish a "cooling-off period" during which consumers can cancel an order without providing any reason. This period starts from the moment the order is placed and ends 14 days after the day the goods are received.

i presume this is still accurate.

https://www.legislation.gov.uk/uksi/2013/3134/regulation/29/made

the clause that may prevent the cancel is :
(a)regulation 34(3) (where enhanced delivery chosen by consumer)

I order a lot online from M&S and you can cancel an order within 30 minutes of ordering is what I recall.

After that it is too late to cancel your order.

You need to wait for delivery and then return the item.

That’s how it works.

M&S have a single Next/Named day delivery slot and days which are unavailable are greyed out and unclickable. I just looked and this time of year the next day is generally not available.

So I don't think they made a mistake. I think you did. Just wait til next week. And stop haranguing those poor call centre staff for your mis-click.

This doesn't affect the right to cancel. You need to read the whole thing together:
The consumer may cancel a distance or off-premises contract at any time in the cancellation period without giving any reason, and without incurring any liability except under these provisions—
(a)regulation 34(3) (where enhanced delivery chosen by consumer)...

It means that the consumer may still incur liability in respect of the enhanced delivery (ie you don't get back the extra you paid for that). It's not saying that anyone who pays for enhanced delivery has lost the right to cancel.

And you sound like a condescending twat.

Much appricated