Can i get a refund or dose it have to be a credit note ?

nbarty

Hi wonder if any one could help me. On wednesday i phoned up a motor bike shop to order new tyres. Paid by card and was told will be in within 48hrs. I phoned them today to find out if they were in but was told that Michelin where they were ordering them from dont have them in stock at the moment so wont get them till the 19th. Im more bothered that they didn't call me to tell me that wont be in for another week.

I have found the tyres on ebay in stock with next day delivery but was told by a friend at the bike shop that i will only get a credit note and not a refund back on to my card

pinkshoes

A week isn't THAT long to wait.

Do you have a valid reason why you need them before next saturday? i.e. are your current bike tyres almost bald and wouldn't withstand another week of use?

The_Pedant

When exactly were you told that they should be in? And did you express any wish to have them within a certain time frame?
If so, then it could probably be argued that their failure to deliver within the agreed time frame is a breach of contract & a refund could therefore reasonably be expected.

If however it was only stated after placing the order, then I would say that it is still a reasonable period of time for them to deliver & would really have to wait a week, or accept whatever they offer.

nbarty

pinkshoes wrote: »

A week isn't THAT long to wait.

Do you have a valid reason why you need them before next saturday? i.e. are your current bike tyres almost bald and wouldn't withstand another week of use?

Tyres are almost bald so had to take bike of the road as i do about 900 miles a week and runing the car is costing me a arm and a leg.

The_Pedant wrote: »

When exactly were you told that they should be in? And did you express any wish to have them within a certain time frame?
If so, then it could probably be argued that their failure to deliver within the agreed time frame is a breach of contract & a refund could therefore reasonably be expected.

If however it was only stated after placing the order, then I would say that it is still a reasonable period of time for them to deliver & would really have to wait a week, or accept whatever they offer.

When i phoned up to get a price for them was told can get them in 48hrs before i paid for them. And my point was im having to now wait 9 days from when i ordered them. If was told would take so long i would of bought them from another shop but i had to chase them

Flyboy152

As you ordered them by telephone, your purchase is covered by the Distance Selling Regulations and you have seven working days from the day after the date of delivery to cancel the contract. So, to answer your question; yes, you should be entitled to a full refund.

molerat

Flyboy152 wrote: »

As you ordered them by telephone, your purchase is covered by the Distance Selling Regulations and you have seven working days from the day after the date of delivery to cancel the contract. So, to answer your question; yes, you should be entitled to a full refund.

Not if they do not normally do buiseness at a distance.

I agree the op is entitled to a full refund due to the urgency of the need which I think is the norm in a contract for motorcycle tyres.

shaun_from_Africa

What do you mean by this molerat?

Not if they do not normally do buiseness at a distance

The DSr's generally apply to any contract concluded at a distance (with some exceptions with regards to types of goods), and even if the retailer normally does 1% or 100% of their sales at a distance, the DSR's would still apply.

visidigi

agreed, frequency of distance sales does not affect rights. OP is entitled to a timely refund

Hintza

nbarty wrote: »

...but was told by a friend at the bike shop .....

I think you are due a full refund, but do you really want to go down that route?

Enterprise_1701C

Hav eyou actually asked the bike shop, rather than the friend at the shop? If you were told that they would be in in 48 hours then you should get a refund. Bear in mind that the Ebay ones may say next day delivery, but sometimes things get delayed .........

molerat

visidigi wrote: »

agreed, frequency of distance sales does not affect rights. OP is entitled to a timely refund

Best tell the DTI that then

If I generally do not sell by distance means do the DSRs apply to orders I sometimes get by email, phone or fax?
2.14 If you normally do business with consumers face-to-face, the DSRs are unlikely to apply to an occasional order that you take in these ways. However, if the contract is concluded by distance means under an ’organised distance sales or service provision scheme’ (see paragraph 1.6 for what we consider this term means) then the DSRs are likely to apply. Such schemes are not defined in the DSRs and the facts in each case need to be considered but the DSRs may apply if you use standard procedures for processing orders including standard correspondence sent out to customers which they then return.