Where do I stand?

WolfSong2000

dibuzz wrote: »

Did you buy the replacement product online or in a shop? If it was in a shop could you not take that one back?

I bought the replacement from Comet online - if it is returned it will have to be returned to a shop, but this is a last resort for me as there's no shop close to me, so would have to travel miles to return it! Much easier to just drop the package back at a post office as there's one in my village (until after Christmas when it closes ).

dshart

I think you jumped the gun a bit cancelling the order, you say in the Op that they said the order was delayed and was due to be dispatched on the 17th which you were happy with, yet you do not mention whether you contacted them on the 17th to confirm if it had been dispatched, you just assumed that as you had heard nothing it had not been dispatched.

I know this has no bearing on your rights for refund under the DSR, but you might have saved yourself this hassle had you contacted them on the 17th. It is understandable especially this time of year when you order something as a present, I had a similar issue with an item I ordered and paid for express delivery and did not receive it when expected, but luckily I did not order the same item again.

WolfSong2000

dshart wrote: »

I think you jumped the gun a bit cancelling the order, you say in the Op that they said the order was delayed and was due to be dispatched on the 17th which you were happy with, yet you do not mention whether you contacted them on the 17th to confirm if it had been dispatched, you just assumed that as you had heard nothing it had not been dispatched.

I know this has no bearing on your rights for refund under the DSR, but you might have saved yourself this hassle had you contacted them on the 17th. It is understandable especially this time of year when you order something as a present, I had a similar issue with an item I ordered and paid for express delivery and did not receive it when expected, but luckily I did not order the same item again.

In an ideal world I would have, but they're only available 9am-5pm monday to Friday, and I wasn't available to go out shopping on monday (car was being serviced), plus had a million and one other things to do before I leave to visit relatives friday, which meant I may not have had time to go trawling the highstreet last minute. I was also running out of time to order something online again and have it delivered in time. Hence why I decided to just order from another retailer and cancel the initial order.

arcon5

WolfSong2000 wrote: »

Thanks guys...found a government website with information for businesses on DSR regulations - apparently, technically I have upto 3 months to return the item (no intention of taking that long!), so have sent them an email pointing this out along with the fact that I am very busy and may not be able to get it posted until after Christmas. Also, that I realise any delay my end in returning it results in a delay with regards to a refund and I am happy with this.

Just curious - why do they say they will charge a re-stocking fee if they are not allowed to do this? I've seen other online retailers try and do the same thing.

Thanks again all of you for your help - you're a great bunch

A couple of things come to mind

- they're trying it on with those unaware of the regulations

- they offer a seperate policy (e.g. 28 days instead of statutory 7 days) but after the 7 days has passed they charge a re-stocking fee as part of their policy -- nothing wrong with this.

Although you don't have to return it straight away, do bear in mind whatever the regulation states you are highly unlikely to receive a refund if they haven't received the goods back.

WolfSong2000

arcon5 wrote: »

A couple of things come to mind

- they're trying it on with those unaware of the regulations

- they offer a seperate policy (e.g. 28 days instead of statutory 7 days) but after the 7 days has passed they charge a re-stocking fee as part of their policy -- nothing wrong with this.

Although you don't have to return it straight away, do bear in mind whatever the regulation states you are highly unlikely to receive a refund if they haven't received the goods back.

I've already said to them that I realise that if I delay the returns I can also expect the refund to be delayed, so hopefully that shouuldn't be an issue. Hopefully I will be able to return it this week, but if not it will have to be the beginning of January.

unholyangel

You realise you could have refused delivery?

I'm assuming the comet one is cheaper since you seem intent on keeping that one even though you havent received it yet. If that is not the case, you could technically keep the one you've received and cancel the comet order (and if it is delivered, you can refuse to accept delivery).

A customer can cancel at any time before the item is received, refuse delivery and the retailer cannot treat this as breach of contract.

WolfSong2000

unholyangel wrote: »

You realise you could have refused delivery?

I'm assuming the comet one is cheaper since you seem intent on keeping that one even though you havent received it yet. If that is not the case, you could technically keep the one you've received and cancel the comet order (and if it is delivered, you can refuse to accept delivery).

A customer can cancel at any time before the item is received, refuse delivery and the retailer cannot treat this as breach of contract.

Yes, the Comet one was a lot cheaper (about half the price), but also you can only return in-store with Comet (from what I can gather) and there is no Comet store close to me, so would be more hassle than popping to the most office.

All a moot point now, however, as Comet (who were meant to be delivering item tomorrow) have just sent an email to say they're unable to fulfil the order...ggrrrr. Just checked Argos and they can't get what I am after until 23rd, which is the day I leave to visit relatives. Normally I am very good at sourcing products as cheaply as possible, but this item has been a bit of a rush job, and as such, has cost me (time and money!). Lesson learned!

unholyangel

WolfSong2000 wrote: »

Yes, the Comet one was a lot cheaper (about half the price), but also you can only return in-store with Comet (from what I can gather) and there is no Comet store close to me, so would be more hassle than popping to the most office.

All a moot point now, however, as Comet (who were meant to be delivering item tomorrow) have just sent an email to say they're unable to fulfil the order...ggrrrr. Just checked Argos and they can't get what I am after until 23rd, which is the day I leave to visit relatives. Normally I am very good at sourcing products as cheaply as possible, but this item has been a bit of a rush job, and as such, has cost me (time and money!). Lesson learned!

I cant remember if you said, are the relatives you're visiting in the UK? Perhaps check and see if comet/argos have the item available for click and collect at their local store?

Flyboy152

MancLass wrote: »

In a nutshell, the DSRs say unless they say otherwise you are liable for return postage and they will refund product code plus outbound postage.

I think your nutshell is cracked.

Flyboy152

bod1467 wrote: »

And note - returns under DSR do NOT have to be made within 7 days. All you need to do is NOTIFY them of your intention to return under DSR within 7 days; and the 7 days starts the day after delivery.

Technically you don't even need to have had the item returned within 30 days for them to still refund you the purchase costs (including original delivery costs). But not many retailers would actually make the refund without having the goods back first.

And as said before , they CANNOT charge a restocking fee.

That's seven WORKING days, starting from the day after delivery. So, that would be Friday 30/12/2011.