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Consumer rights

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Comments

  • adam.mt
    adam.mt Posts: 381 Forumite
    edited 23 July 2010 at 11:42AM
    Thanks derrick. Thus, I'm correct in saying if the purchaser (consumer) chose to pay extra for an alternative form of delivery then as long as it's mentioned in the T&Cs that this additional cost won't be refunded, then the retailer doesn't have to as per 3.49:

    the additional services were provided under a separate contract - yes, if it stated different cost for non standard delivery

    you had the consumer’s agreement to start the additional services before the end of the cancellation period, and - yes, the consumer required the goods delivered using that service (eg. next day delivery)

    you provided the consumer with the required written information before you started the additional services, including information that the cancellation rights would end as soon as you started to carry out the additional services - yes, (as I stated) it needs to be in the retailer's T&Cs.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Basically in laymans terms (as neil has already said), if you wish to only make partial refunds for items ordered by express/next day delivery (anything other than standard) OR if you wish the customer to bear the expenses of returning the item, they must be provided with these conditions prior to concluding the contract.

    I believe you can be given them via website to start with (like the "tick here if you agree to terms and conditions" that is usually clickable) but should also be provided with a more durable copy. Websites arent considered durable as they can be changed after the customer orders.

    So although they have to refund the standard delivery charge, if their T&C's state otherwise, they dont have to refund the cost of express delivery services.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    derrick wrote: »
    From my link above;-

    What specifically do I have to refund to the consumer if they cancel?

    I swear everytime i see you post i think your avatar is a christmas tree :( Wishful thinking maybe?
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • derrick
    derrick Posts: 7,424 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I swear everytime i see you post i think your avatar is a christmas tree :( Wishful thinking maybe?


    Christmas:eek:,bah humbug:), goes well with your username then:D
    Don`t steal - the Government doesn`t like the competition


  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    derrick wrote: »
    Christmas:eek:,bah humbug:), goes well with your username then:D

    Woah woah woah, just WHERE do you think you're putting that tree? :eek:
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • derrick
    derrick Posts: 7,424 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Woah woah woah, just WHERE do you think you're putting that tree? :eek:

    As it isn't a tree, it doesn't matter;)
    Don`t steal - the Government doesn`t like the competition


  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    derrick wrote: »
    As it isn't a tree, it doesn't matter;)

    Do my eyes deceive me? Yep, they do :(
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
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