Distance selling/bid tv/price drop tv

MCGONIS

Hello, I was hoping for some advice. I have posted for help here a few times and the response is always really helpful.

I have checked Consumer Direct and OFT online but am still unclear. I bid for a Micromark fan from the shopping channel. I was a bit unclear what "falling price" meant from their website. The upshot was I won an electrical fan for £16.95 delivered. As soon as they emailed me to say I had won, I rung to cancel the order. They operator said he could not but just refuse delivery and the transaction would be cancelled. However they used HERMES and it arrived about 8 days later, when I was not at home -they had placed the package round my back garden at my patio door.

I called again and they arranged for HERMES to collect it without any charges to me. But they have refunded me £8.

When the website said £1.00 falling price, I thought that meant the most I would pay was £1 and the delivery of £7.95. My question is, under distance selling, do they not have to refund the whole cost?

Any advice would be appreciated.

unholyangel

Where did you buy it? What is their returns policy?

Auctions arent always covered by DSR. But in this instance, you would be buying from a commercial trader so should still be covered.

Under DSR you may be liable for return costs but they must have informed you of this previously.

cyberbob

Auctions aren't covered by the DSRs even if it's a business so you need to look at the companies return policy. The sale of goods act will also apply.

unholyangel

cyberbob wrote: »

Auctions aren't covered by the DSRs even if it's a business so you need to look at the companies return policy. The sale of goods act will also apply.

Applying the Regulations

Firstly, it’s worth noting that the Regulations only apply to consumers that purchase goods or services from a business. The Regulations don’t apply to business-to-business purchases, land sales, vending machine purchases, and purchases made via auctions. However, a little confusingly, the Regulations are applicable to both land rentals and TV Internet auctions!

unholyangel

Of course you could argue its not a auction since they're not selling to the highest bidder Hence my line about a commercial trader.

bribri_2

Could the OP tell us how long elapsed from the e-mail confirmation of 'winning' the item until the OP rang to cancel.

According to Bid TV website
"
Can I cancel an order?


You may cancel your order within 7 days. However, if your order has already been despatched you will need to return the item (as per our returns process) for a refund. "

The overall returns policy is here http://www.bid.tv/TermsConditions.htm also seems some contradiction about obligation to pay for a bid and the FAQ above.

unholyangel

I dont think cancelling is the issue, they have managed to do so.

The problem seems to be they havent refunded the full amount.

MCGONIS

Hi. Thanks very much for the info. I called them within 2 hours of the email confirming I had won. They said they could not cancel the order but just refuse the delivery. I am thinking I will have to accept I have lost the £7.95 delivery charges.

unholyangel

Where did you buy it exactly? Have you checked their returns policy?

Dave101t

keep complaining until you get your way, you are obviously being discriminated against.

[STRIKE]what were you doing bidding on a show you 'didnt understand'. then you accepted the bid, won the order, paid, arranged delivery, then decided to cancel.[/STRIKE]

MCGONIS

Hello. I bought it at price drop TV but online at their website.

I don't think there is any discrimination by them though. I thought if I cancelled an order within 7 days, which I did do, the supplier would have to refund the entire cost, including carriage.

On the website, you place a bid and from then everything is automated. It is a wee bit different from their format on the TV. I accept I misunderstood how the bidding process is online. You live and learn I suppose!