How Long Does an Internet Retailer Have to Provide a Refund?

wwarby

I bought a car stereo at caraudiodiscount.com which was faulty. I sent it back (they refused to pay the postage which I believe is illegal, but I gave in). They sent me a second stereo, which was also faulty. I returned it (again at my cost) and agreed with the guy over the phone that he would provide a refund. After a week I phoned and was told it could take up to four weeks. After four weeks and one day, I phoned again and was told they do refunds at the end of the week so I would have it by the end of the week. It's Friday afternoon and I have no refund, four weeks and five days after I sent the faulty item back. At what point do I start threatening to get help from a consumer rights organisation of some kind?

Note to others: never buy anything from caraudiodiscount.com.

CharlieBilly

I dont think the law states but I dare say its will say reasonable time within 4 weeks at a guess

wwarby

Just phoned and they've told me they did the refund yesterday but it hasn't shown on my bank statement yet. I'll give them another couple of days to see if that assertion pans out.

ManAtHome

Contact your credit (or debit) card provider first - used to be 6 weeks before Barclaycard would take any action on refunds, dunno if it's changed in the last 7 or 8 years though.

the182guy

Phone trading standards, they will tell you exactly what your rights are and the best course of action to proceed. Also have a look at the retailers T&C's, see if there's anything about refunds.

derrick

[FONT=&quot]They have up to 30 days to refund you.
As the goods are faulty, they are liable for ALL P&P costs including return costs.

You need to inform them of their obligations under DSR, and tell them you want back the postage costs that you incurred, and also inform Trading Standards that they are breaking the law, or they will continue to do so.

OFTs BUSINESS GUIDE TO DSR

From page 17
[/FONT] 3.23Where the DSRs give consumers the right to cancel an order, this right is unconditional and begins from the moment the contract is concluded. Unlike when buying from a shop, the first time that a consumer will typically have an opportunity to examine goods purchased by distance means is when they receive them. The DSRs give consumers who buy by distance means more rights than consumers who shop in person. When a distance consumer cancels a contract to which the cancellation provisions apply they are entitled to a refund of any money they have paid in relation to the contract even if the goods are not defective in any way. Please also see paragraph 3.46 for further information.


From page 25; -
Refunds (Regulation 14)
When do I have to refund a consumer’s money if they cancel
an order?
3.46 As soon as possible after the consumer cancels, and in any case
within 30 days at the latest. You must refund the consumer’s money
even if you have not yet collected the goods or had them returned to
you by the consumer. You cannot insist on the goods being received
by you before you make a refund. See also paragraph 3.64.

What specifically do I have to refund to the consumer if they cancel?
3.48 The DSRs require you to refund any money paid by or on behalf of the consumer in relation to the contract to the person who made the payment. This means the full price of the goods, or deposit or pre- payment made including the cost of delivery. The essence of, distance selling is that consumers buy from home and receive goods at home. In these circumstances, almost every case of home shopping will involve delivery of the goods ordered and so delivery forms an essential part of the contract.



From page 27; -
Who pays for returning the goods if the consumer cancels an order?
3.55 If you want the consumer to return the goods and to pay for that return, you must make it clear in the contract and as part of the required written information – see paragraph 3.10. If the consumer then fails to return the goods, or sends them at your expense, you can charge them the direct cost to you of the return, even if you have already refunded the consumer’s money. You are not allowed to make any further charges, such as a restocking charge or an administration charge.

3.56If you did not include these details in the required written information then you cannot charge anything. See paragraph 3.10. You can never require consumers to pay the cost of returning substitute goods – see paragraph 3.1 for more information.

3.57 If the goods are faulty or do not comply with the contract, you will have to pay for their return whatever the circumstances.


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neilmcl

The DSRs don't come into it, the OP is returning the goods because they are faulty not because he chooses to cancel the order within the terms of the DSRs. You're confusing the two.

pmduk

To be fair to the co if they refunded you yesterday, it will take a few days to work through the banking system. After all the banks have to make money somewhere and interest on other people's money is as good a place as any,

derrick

neilmcl wrote: »

The DSRs don't come into it, the OP is returning the goods because they are faulty not because he chooses to cancel the order within the terms of the DSRs. You're confusing the two.

I am not confusing them, (they are basically the same with regards to P&P costs of faulty goods).

The OP bought online so can use to DSR to return the faulty item(s), and get full redress via them, it does appear he sent them back within the 7 WORKING day limit as they where faulty,(confirmation required?), why would one not send back quickly?

The OP asked about time limits for refunds, under DSR it is a maximum 30 days, and re the P&P it is up to the seller to pay these for faulty goods.


SoGA

S48A
(1) This section applies if—

(a) the buyer deals as consumer or, in Scotland, there is a consumer contract in which the buyer is a consumer, and

(b) the goods do not conform to the contract of sale at the time of delivery.




(2) If this section applies, the buyer has the right—

(a) under and in accordance with section 48B below, to require the seller to repair or replace the goods, or

(b) under and in accordance with section 48C below—

(i) to require the seller to reduce the purchase price of the goods to the buyer by an appropriate amount, or

(ii) to rescind the contract with regard to the goods in question.





48B Repair or replacement of the goods

(1) If section 48A above applies, the buyer may require the seller—

(a) to repair the goods, or

(b) to replace the goods.


(2) If the buyer requires the seller to repair or replace the goods, the seller must—

(a) repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;


(b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).


I am pretty sure that S2b would still apply if the buyer wanted to rescind the contract under SoGA, it certainly does under DSR