UK website charging £5 to cancel an order (prescription)?

Basq

So here's the story..

Girlfriend placed an order of about £50 with ChemistDirect 2 nights ago.. but she realised after she ordered that one item she ordered (worming tablets for our dog) required a prescription.

So she tried to contact our vet for a prescription who kept re-iterating that they sell them at the vet.. and she got the distinct impression they didn't want to sign anything.

So she rang ChemistDirect who told her they'd be required to charge her £5 for cancelling it.. surely this can't be legal? Can it?

Haven't had time to look around the ChemistDirect FAQ's to see if it's mentioned.

Gran Hermano

That stinks but looks like it's covered in their T&Cs

What if I want to cancel my order?In addition to our returns policy under the distance selling regulations you have the legal right to cancel your order within seven working days from the date of receipt of the merchandise if you send us a notice of cancellation in writing and return the merchandise to us in their original, unopened and unused condition. You must contact us at sales@chemistdirect.co.uk before returning an item to request an returns authorisation code. If the item is returned without an authorisation code we will be unable to offer a refund or exchange. You will also be liable for the cost of delivery back to your address. We are unable to offer this returns policy on items opened for reasons of hygiene. Please note that if the item has already been shipped from our warehouse a £6 handling charge will apply. Your statutory rights are not affected.

http://www.chemistdirect.co.uk/faq.php#y

Nody

I'm confused. Why would you ask for a refund? If they sent it then great; you get the item you need prescription or no prescription. If it is not sent then you would get a refund for that part of the order becuse they can't submit it to you with out the prescription.

Basq

But I don't think they've shipped it...

I presume they haven't as:

a) she's recieved no notification of shipment
b) why would they ship an item that, under law, requires a prescription to be shipped without the prescription being recieved?

Gran Hermano

Hmmm...Get back on to them and tell them their T&Cs only state a charge if you cancel after it's shipped.

Nody

Then it goes into point two, you are not returning the item (which is what the FAQ stated) but rather have part of the order with held on their side. Hence you simply ask them to ship the order, when they ask for prescription you say you don't have one and if they ask if you can get one you say no; you've spoken with your vet but the vet will not give you one (play stupid first round if need be that you had no idea it was required).

The company then have to cancel either the full order or part of it and hence the contract is cancelled by them, not you, and the return fee should not apply.

Basq

OK, the girlfriend rang them back at lunch and the woman who answered knew of her situation immediately as the girl she was talking to this morning was new and was mis-informed.

Apparently, they charge a £5 if there's a cancellation / ommission to a prescription for human-use but nothing if it's animal-related. And also they can't prescribe any prescriptions outside of the UK either, Which I did notice somewhere in the FAQ.

The woman apologised for the mix-up.. and said she'd process the order without the prescribed items, and refund for that (as the full amount was taken out of the credit card.. even before shipmment - something I'm always apprehensive about).

Anyways, it's been sorted anyways!