companies flouting 7 day returns statutory rights?

pigeonpie

Have been told by no less than 4 companies that sell PCs exclusively via the phone or internet in the last few days that it's "not their policy" to take back a PC within the first 7 days of receiving it, if you are dissatisfied with your purchase.
They say if it is really faulty, it would be repaired or in dire cases, replaced by the manufacturer, but if you just don't like it/it's not what you expected from the website blurb and photos but it works, tough luck. They can't resell it so you can't have a refund.

I pointed out what I believe (perhaps wrongly?) to be true, which is that any purchase made over the internet or phone where you have not physically seen or tried the goods before you purchase is subject to a 7 day cooling off period as per consumer statutory rights. I believe that all they can charge you for is the courrier return of the product if you just don't like it?

Am I right? If so, how can they get away with this "policy" - and be careful when you are ordering. Those I rang included dealers with a supposedly good reputation.
The much maligned Dell (incl by myself) will at least take back a PC you are unhappy with in the first 7 days.

melipona

You have:

A 'cooling off' period of seven working days, during which an order can be cancelled without any reason and a full refund made.

Full details are in the fact sheet http://www.consumerdirect.gov.uk/general/shop_home/fs_y01.shtml

Bossyboots

That cooling off period only applies to personal purchases, not business if I understand it correctly. In respect of Dell, it is important that you order through the right section of the site to ensure you get the 7 day period.

monterey_2

They have to take back faulty goods. I'm sure that's right and I'm sure you can legally insist on a refund (but I'm not a solicitor)

I think that if a company treats you badly morally (Even if they are within the law), then they deserve to have that bad treatment spread over the net. It's discusting how many companies send out products that don't match their descriptions then sqirm around trying to avoid making the situation right at their own expense!

M.

irnbru_2

pigeonpie wrote:

Have been told by no less than 4 companies that sell PCs exclusively via the phone or internet in the last few days that it's "not their policy" to take back a PC within the first 7 days of receiving it, if you are dissatisfied with your purchase.

I don't think the DSRs aren meant for you to buy and try

pigeonpie

Well actually my understanding is that it is designed so that you can change your mind! Also there is no way of knowing what a keyboard or screen are like or how quiet something runs by looking at a website.
Plus there are minor faults which lead you to believe a PC may have been made on a friday afternoon and it's not going to be a happy experience.
But how can they get away with saying "that's not our policy; buy from someone else if you don't like it" if it's actually ze law?
(answer: cos they know it's too stressful and expensive to pursue your legal rights).
John Lewis' salesman on the other hand told me to order online in case I wasn't happy as no way could I try out the PC in the shop to see if it was a fan screamer or not. I appreciate that and although their stock is limited, may eventually buy from them as a result. They also have no quibbles 7 day return if item is undamaged.

pigeonpie

sorry....first edit didn't work. Or did.
yours,
the technical genius

Brodel

It seems to be slightly sketchy, or has changed recently as far as I've experienced.

last christmas I ordered a TV from Aria, changed my mind and wanted to return it. They wanted to charge me £125 restocking fee because I'd opened the packaging containing the remote control.

I called up trading standards who basically said they can't do that and I eventuall got a full refund minus shipping costs.

Last week I ordered an MP3 player which I wasn't happy with and wanted to return, the place wanted to charge me £45 restocking fee because I'd opened the seals.

I called up trading standards who said that unless it's faulty they don't have to give a full refund by law. The woman said that I could argue under the 'inspect before you reject' saying that without breaking the seals I couldn't have seen the product anyway but it would still be up to the retailer what to do and was a bit of a grey area.

I asked if the laws had changed since the last time, but she said no

mikemoate

As far as I know the 7 day cooling off period starts when you place the order and not when you receive the goods. Thus if the item doesn't arrive until 10 days after your order you are back to your usual statutory rights plus a few others such as, 'clear information about the goods or services before placing an order,' and 'written information about a purchase.' You may have a case if either of these apply. For example if you had ordered green and they sent you blue.

pigeonpie

Last night checked with a solicitor mate, albeit not working in this area of law. Says it can be a grey area under UK law but if goods are not as described on the website or phone you should be given a full refund.Trouble is, "not as described" is open to interpretation.
The problem seems to be that as far as he knows (and stands to be corrected) the old distance selling consumer protection law has not been updated to take account of the new online ordering age. It would be interesting to see any guideline on this from TSA.
7 days appears to be from receipt as it's only then that you can see what you have ordered. However lots of cos hide behind the "you've opened the box" policy. From what I can see, when you order you ask about their returns policy and if you no happy, you go elsewhere. Easier said than done if they are pretty much all doing it and getting away with it.

Hintza

I think this must be a nightmare for companies, from reading many threads on here there are an awful lot of people who buy and then just change their mind or want to touch the product before commiting to keep.

As small business selling electrical items on the net, returns are a nightmare and cost a fortune.

I generally use these yardsticks:-

1. If you just change your mind return at buyers expense; goods must be unopened and untampered with.

2. If faulty or not as described thats my problem and I generally refund in full plus return postage.

I am also a little vague as i am terrified of buyers tampering with products to induce a fault and claim item faulty. I also take a note of all serial numbers to ensure items are not switched.

I had one guy who bought a camera for attaching to his telescope to take sky at night photos I was not too pleased when he returned it stating that it did work for that!! To me he should have checked this out before purchasing and not using my items to experiment with. Needless to say the camera is still sitting here and will have to be sold at a discount as it is now opened.