Tried to cancel Hardwareversand order, now it on its way

Skill Magill

I ordered an item off Hardwareversand a couple of nights ago and paid for it using paypal. However, I decided I wanted to cancel it in order to buy a more expensive item. To do this I had to email them (which I did a couple of minutes later)and let them know I wanted to cancel.
Now the next morning I still hadn't received an email from Hardwareversand confirming the cancellation, so I emailed them again, letting them know.

I have just received a tracking number telling me the goods are on their way!!

Would I be right in thinking that if I were to refuse delivery of the goods I would lose the €25 or so delivery charge. ie if they charged me €200, I'd only be refunded €175? :mad:

Nody

I know it's a novel idea but did you even bother to read their policy?

Right of revocation
You can revoke your declaration of contract within 14 days, without needing to give reasons, in text form (e.g. letter, fax, e-Mail) or - if have you received the item before expiry of the deadline - also by returning the item. The deadline starts after you have received this information in text form, although not before the goods have been delivered to the recipient (in the case of repeat deliveries of the same type of goods, not before receipt of the first instalment delivery) and also not before fulfilment of our duties of providing information as per Article 246 § 2 in conjunction with § 1 Paragraphs 1 and 2 EGBGB and our obligations as per § 312g Paragraph 1 Clause 1 BGB in conjunction with Article 246 § 3 EGBGB. The revocation deadline is met if the revocation or the item is dispatched before the deadline ends. Send your revocation to:

hwv hardwareversand.de GmbH
Gewerbepark Möhnesee
Daimlerweg 4
59519 Möhnesee

Consequences of revocation
In case of an effective revocation, performance already received must be mutually returned/refunded and any benefits obtained (e.g. interest) paid back. You must compensate us if you cannot return the items plus benefits (e.g. benefits of use) to us, or can only do so partly or in a worsened state. You must compensate us for the deterioration of the item and for benefits obtained only insofar as the use or deterioration is attributable to handling the item in a manner which goes beyond simply examining its characteristics and proper functioning. "Examining the characteristics and proper functioning" is taken to mean inspecting and testing the goods in question in a way that could be reasonably expected in a normal shop, for example. Items able to be sent as packets shall be returned at our risk. You must bear the regular costs of return if the goods supplied correspond to the order and the price of the item to be returned does not exceed 40 Euro, or in case the item has a higher price, if you still have not made the payment or an instalment agreed by contract by the date of revocation. Otherwise you do not incur any costs for the return shipment. We shall arrange for items unable to be sensibly packaged to be collected from you. Obligations to refund payments must be fulfilled within 30 days. The deadline starts for you on the date you send your declaration of revocation or the item, it starts for us on the date of receipt.

Skill Magill

Its still not clear as to whether they refund the price of the item plus the shipping it cost to get it from Germany to Ireland. As stated above do I get the total cost refunded ie €175 for the item, plus €25 they charged me to get it here?
"V. a) Costs of return shipment if the right of revocation is exercised

If you avail yourself of your legal right of revocation (see information on your rights of revocation), you must bear the regular costs of return if the goods supplied correspond to the order and the price of the item to be returned does not exceed 40 Euro, or in case the item has a higher price, if you still have not made the payment or an instalment agreed by contract at the date of revocation. Otherwise you do not incur any costs for the return shipment."

Nody

Tell them you want to send it back and you'll get be asked to arrange pick up or drop it off at a courier company (which ever you prefer) with full refund inc. shipping cost.

Skill Magill

Just got an email off them :

"If you do not need the article anymore, please refuse the delivery or send the parcel due to your refund back to us."

I don't mind waiting to be refunded the money but I'd rather accept the item then take a hit on the delivery charge.

Thanks for your help Nody, back she goes.

Skill Magill

A heads up, they don't return the shipping, only the unit price