Do I have to give a refund if customer hasn't paid in full?

Flyboy152

halibut2209 wrote: »

Not entirely sure the DSR applies in this case. You're probably right, but this could be viewed as a contract, and the cooling off period has passed.

The cooling off period cannot start until the goods have been delivered. As delivery hasn't happened yet, the cooling off period cannot have started yet.

arcon5

Flyboy152 wrote: »

It doesn't matter what a website says its terms are, they cannot supersede the distance selling regulations.

Where abouts it the dsr's does it say the contract is formed on dispatch?

mo786uk

I missed the part where it said it was online, so the DSRs do apply and the consuemr can cancel within 7 days of recieving the goods, which hasnt happened yet.

OP do you regularly sell online?

arcon5

Flyboy152 wrote: »

The cooling off period cannot start until the goods have been delivered. As delivery hasn't happened yet, the cooling off period cannot have started yet.

Excellent point! Didn't think of that one.

:beer:

mo786uk

OP can you provide more information? its extremley difficult to say without knowing all the info

when you say you sold it online - how? on ebay? was it an auction? was it a fixed price? through your ow nwebsite

when you say it was a one off, does that mean you have only sold online once? or just a one off of that particular product.

arcon5

I said not all contracts are formed on dispatch but its generally a practice most online retailers take, so a contract could form on payment for example... for which you replied

"It doesn't matter what a website says its terms are, they cannot supersede the distance selling regulations."

I take from that your saying the DSRs state a contract is formed on dispatch irrespective of when the retailer states the contract is formed..

yet I don't see anywhere in DSRs which state the contact must be formed on dispatch only..................

JennieS

We agreed by email to have the payment (£500) in full for me to then send out the item. She has not stuck to her agreement (4 months out of contract also).

The item was advertised online, plus I regularly sell our service on ebay.

IF she paid the remaining £200 I would happily send her the item, but she wants her money back and is not prepared to pay the remaining balance as agreed.

What now?!?!?!

Flyboy152

arcon5 wrote: »

I said not all contracts are formed on dispatch but its generally a practice most online retailers take, so a contract could form on payment for example... for which you replied

"It doesn't matter what a website says its terms are, they cannot supersede the distance selling regulations."

I take from that your saying the DSRs state a contract is formed on dispatch irrespective of when the retailer states the contract is formed..

yet I don't see anywhere in DSRs which state the contact must be formed on dispatch only..................

The DSRs state that the contract is formed seven working days after the day of delivery and the customer has that period to cancel the sale.





Please bear in mind that it is five to eleven and the words may not explain exactly what I want to express.

:rotfl::rotfl::rotfl:

mo786uk

when the contract is concluded (made) and when the DSR rights end are 2 distinct things.

Flyboy152

JennieS wrote: »

We agreed by email to have the payment (£500) in full for me to then send out the item. She has not stuck to her agreement (4 months out of contract also).

The item was advertised online, plus I regularly sell our service on ebay.

IF she paid the remaining £200 I would happily send her the item, but she wants her money back and is not prepared to pay the remaining balance as agreed.

What now?!?!?!

Give her her money back, less any reasonable expenses.

You are on a hiding to nothing here, I am afraid. Do you really want to take three hundred pounds off of someone who obviously can't afford to lose it, then have to be dragged through the small claims court to be told by a District Judge that you have to return her money anyway?