Consumer Rights - Can they refuse a refund?

clockley_2

I've purchased a sofa suite through ebay and have been very unhappy with the service when trying to get a satisfactory delivery day. Basically we were told one date would be ok, then later told it wasn't possible. In trying to get a conclusion, the manager of said store was very rude not at all helpful and upon requesting our money back were told that this was not possible as they have a seven day cancellation policy.

What are my rights in this situation?

Craig

Astaroth

Distance selling regs give you 7 days from receiving the item to return it for a refund which will apply to an auction site if the seller is a business and not an individual. Some more details can be found:

http://www.euroconsumer.org.uk/index/your_rights/internet_shopping_index/internet_auctions_-_seller_is_a_business.htm

ben500

Is this a national store or local busines trading through the net to draw in extra custom?

clockley_2

The company is called Sit in Style. I understand that they are a company trading out of Kent and use the net as additional business.

If they have not sent the product, does that mean they cannot refuse a refund?

Wig

If they have not sent it you have a right to cancel it. Do a charge back on your credit card, send them written notice that you intend to do this quoting the distance selling regs. Another thing to be careful about is if the order personalised in some way or a "special order" I think there may be something on that which gives the seller more rights.

There is another rule that an order must be completed within a reasonable time and there was a figure on these boards of about 4 - 6 weeks, this applies also to orders in person in the shop. But there are exclusions for special order items, probably where that fact is highlighted before the sale.

Charge back your credit card.

Just looked at their website

3. Order Waiting Time Although we cannot specify the precise date of delivery at the time that you place your order, you will be given an approximate waiting time. Your goods will, except in circumstances beyond the control of the company, be available for delivery to you within a reasonable time frame based on the original estimated date. If events or circumstances outside our control affect the original estimated delivery date beyond a reasonable time, we will inform you. You have the right to cancel your order for any reason within seven days of placing it*. (*See clause 10 below.)

They just say "we will inform you" but do not mention your right to cancel an order which is taking too long to come through.

Clause 10, they appear to be relying on the 7 days from date of order, as I understand it the distance selling regs allows you to cancel from 7 days of reciept to allow you to inspect the goods.

They also say they will attempt to redeliver an undelivered item (say you refuse delivery) and they say they will charge storage fees for undelivered items. They sound like a sticky bunch to deal with.

As usual with law the distance selling regs are a mess and don't spell out what you are entitled to, hence some shops think it is 7 days from order, and some people and consumer lawyers think it 7 days from reciept, so you can inspect and reject. Also some shops say you are not allowed to open boxes and then return, and some consumer lawyers say it is entirely appropriate to open a box to inspect the goods and reject. The law is an a$$ as usual and not well explained IMHO.

If I were you I'd find out more on the distance selling regs, (I know that's why you're here) you could try alt.uk.legal on newsgroups and google your own research. Then *if appropriate* send them a letter ssaying that you cancel your order and demand a refund, that they should NOT attempt delivery, and that you will charge back your credit card.

http://www.oft.gov.uk/Business/Legal/DSR/default.htm

cancellation periods: If a consumer cancels an order, written notice must be given to you by:

goods – seven working days from the day after that on which the goods are received by the consumer;

Where a contract is cancelled, the consumer must ensure that reasonable care is taken of any goods received and 'restore' them to you. This does not mean that they have to return them - unless you stipulate this in the contract - only that they make them available for you to collect.

You must refund the consumer's money as soon as possible and, at the latest, within 30 days of receiving the written notice of cancellation. The consumer may, at your discretion, be charged the direct cost of returning the goods, but you must tell them about this in the written information you give them.

it mentions also that an idea of delivery time must be set out before sale, but does not on this page say what happens when that is failed to be met.

It does not mention about cancelling before the goods are recieved. It says they can charge you for returning the goods, so this could cost you if they decide you have no right to cancel before inspecting, but upon cancelling after inspection they charge you for delivery and return.....bit of a catch 22.

another one:
http://www.businesslink.gov.uk/bdotg/action/detail;jsessionid=GZDqXGvXNTXsPXXnVPkWMJp0GY3KvF4rFnM95LTvfRkcgQSmMyx2!-214695427!1150895018567?r.l3=1074033669&r.l2=1074400662&r.t=RESOURCES&r.i=1073792574&r.l1=1073861169&r.s=sc&type=RESOURCES&itemId=1073792577

Which doesn't say about canceling before the order is delivered, but, does mention the conditions where cancellations cannot be given.

You might want to include in the letter to them, it is *services* which are cancellable within 7 days of order date

*goods* are cancellable within 7 days of order reciept. you are therfore cancelling before delivery because of an unreasonable amount of time has been taken for delivery, coupled with your right to cancel goods under the distance selling regs.

Wig

Did you "buy it now" or win it in bidding?

Astaroths link has some good info. Seems if they get picky you will have to prove they are a business. Try Companies house.gov

From CAB
http://www.adviceguide.org.uk/index/your_world/consumer_affairs/problems_with_goods.htm#distance_selling

If you buy goods in any of these ways, you have rights on top of those you have when you buy goods in a shop. The most important of these is the right to a 'cooling off' period. This gives you the right to cancel your order within seven working days, without having to pay anything. The trader must tell you about this right when you place your order. Other additional rights you have when you make a distance sale include the right:


to be given the name and address of the trader
to be given the price of the goods, including taxes and delivery charges
to receive the goods within 30 days
to keep or dispose of any goods you receive but have not ordered. If a seller demands payment for goods you haven't ordered, you don't have to pay for them or return them.

It doesn't explain the 7 days very well, but it mentions 30 days for delivery - and it doesn't say if you can then have a refund!

clockley_2

Thanks for all the advice guys.

In the end, we took delivery today, meaning I had to take another day off work.

As it turned out the larger of the two sofas would not fit into my lounge, despite their site advertised the sofas in two parts (as in this case ) "Fits through virtually any door"...what they don't mention is that they're too big to maneauver from corridor to hall.

Result - was offered the two seater and a second two seater - for this we would get no refund on the difference (even though the original was a three seater) and we'd have to pay £180 for the privelige - £90 to send back the 3 seater and another £90 to deliver the second 2 seater! On the other hand, sending the lot back means we get a refund, minus £180 - £90 for delivery and another £90 for returning them!

I have no doubt this is legal - it's in their Terms and Conditions, which is all they say whatever you complain about. All I can say is....and I hope all will listen

SIT IN STYLE ARE THIEVES!!!!!

Never Ever buy from them!