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

arcon5

My understanding was the contract was formed at whatever point the retailer specifies BUT under the DSRs the contract can be cancelled without being classed as a breach of contract by the retailer.

But tbh I think thats irrelevant, as your above point about the 7 day period starting after delivery and the fact they haven't received the item yet changes everything. With this in mind I would agree op has to refund in full. Although its only fair for op to ask for their costs to be covered in re-selling.

Flyboy152

mo786uk wrote: »

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

Please explain then. Don't forget to explain how section eleven, of The Consumer Protection (Distance Selling) Regulations 2000, is not relevant in this case.

gordikin

Is the OP selling as a business?

Flyboy152

gordikin wrote: »

Is the OP selling as a business?

I think she has already confirmed that she is.

mo786uk

Flyboy152 wrote: »

Please explain then. Don't forget to explain how section eleven, of The Consumer Protection (Distance Selling) Regulations 2000, is not relevant in this case.

The contract is concluded when the buyer and seller become commited to the transaction.

The trader has some leeway in deciding when the contract is concluded, for online purchases this can be when they take the money or when they dispatch the goods. Nowadays its usually when the goods have been dispatched and not when the money has been taken - this allows traders to get out of pricing issues as they can still back out of the contract until they have sent the goods.

So a contract is usually 'concluded' well before the goods are sent

As per the DSRs the cancellation periods ends 7 days after they have got the goods. After that the contract is settle for the purposes of the DSRs.

So its very much possible and normal for the contract to conclude and the cancellation period to be seperate thigns. The word concluded does NOT mean the time when the 7 days of the cancelaltion period is finished.

Its pretty clear in the regs

11.—(1) For the purposes of regulation 10, the cancellation period in the case of contracts for the supply of goods begins with the day on which the contract is concluded

Flyboy152

mo786uk wrote: »

The contract is concluded when the buyer and seller become commited to the transaction.

The trader has some leeway in deciding when the contract is concluded, for online purchases this can be when they take the money or when they dispatch the goods. Nowadays its usually when the goods have been dispatched and not when the money has been taken - this allows traders to get out of pricing issues as they can still back out of the contract until they have sent the goods.

So a contract is usually 'concluded' well before the goods are sent

As per the DSRs the cancellation periods ends 7 days after they have got the goods. After that the contract is settle for the purposes of the DSRs.

So its very much possible and normal for the contract to conclude and the cancellation period to be seperate thigns. The word concluded does NOT mean the time when the 7 days of the cancelaltion period is finished.

Its pretty clear in the regs

11.—(1) For the purposes of regulation 10, the cancellation period in the case of contracts for the supply of goods begins with the day on which the contract is concluded

The day the contract is concluded is the day after delivery. It doesn't matter what you want to be true, there is no getting away from that fact.

It usually helps if you don't ignore the whole regulation [STRIKE]or pretend it doesn't exist[/STRIKE]:

(2) Where the supplier complies with regulation 8, the cancellation period ends on the expiry of the period of seven working days beginning with the day after the day on which the consumer receives the goods.

mo786uk

Thats not when the contract is concluded, thats when the cancelaltion period starts (edit - or rather ends from 7 days AFTER this date) - and ends 7 days later.

11(2) doesnt state anything about the day of delivery being the day the contract is concluded does it?

fthl

despite all the technicalities being discussed (and about which I'm fairly sure that folk are talking about different things) the bottom line is that is it likely that the dsrs apply and that the buyer is entitled to a full refund. If the dsrs don't apply, then the buyer can back out, breach the contract and then the OP can only claim any losses incurred. These will probably be fairly nominal, providing the item can be re-sold.

Flyboy152

mo786uk wrote: »

Thats not when the contract is concluded, thats when the cancelaltion period starts (edit - or rather ends from 7 days AFTER this date) - and ends 7 days later.

11(2) doesnt state anything about the day of delivery being the day the contract is concluded does it?

:wall:

Are you deliberately ignoring what is in front of you? Or do you just not understand the law?

mo786uk

Flyboy152 wrote: »

:wall:

Are you deliberately ignoring what is in front of you? Or do you just not understand the law?

I understand the law fully thanks. Perhaps you might want to explain your understanding of it?