Distance selling exceptions

Grush

I recently ordered a new Fossil watch strap for my partner for Christmas from shadestation.co.uk, which cost £30 +p&p.

When ordering it, I added the correct model number off the back of the watch and stated that I wanted a black strap. When it arrived the strap was dark brown.




I phoned them today and explained that it is the wrong colour and they replied saying they couldn't offer a exchange or refund for the following reasons;

1. The watch model number is unique to that model, relating to both the watch face and watch strap colour, and that Googling the model number will show the same watch with a brown strap. I checked, and it does.
2. When ordering, I checked the box stating the model number was correct (which it was/is) and also that I understood watch straps were non-refundable.

My question is, are they right to refuse a refund under the distance selling rules?

I have read that allowed exceptions to the distance selling rules are if the product is perishable/service has already started/etc but does a watch strap, which is unused and has not even been taken out of the zip-lock bag it came in, really be an allowable exception?

I now have to try to get another strap, in black, at the cost of another £30 (although I will be getting it from elsewhere!).

fluffnutter

I think they're talking billy-bollox. Why are watch straps non-returnable? They're not bespoke, nor a service, nor perishable. Remind them of their legal obligations under the DSR to refund you. The first bit about that particular model only having a brown strap is neither here nor there. They might not be able to supply you a black strap (because one isn't made) but that's no reason not to refund your money for the brown one if you've decided you don't want it.

halibut2209

No, it's not exempt at all. You are covered

Mark_Hewitt

DSR is not applicable here, it's the Sale of Goods Act as if you've asked for a black strap then the goods are not "as described"

halibut2209

DSR is the easier route to go down

artypaws

In my opinion this would not be exempt - you should be able to return this and get your money back

fluffnutter

I agree that DSR is probably easier for this case (and most, tbh). And somehow I doubt this company will refund the money under SOGA. They've already proved themselves awkward plus they'll just argue that it IS as described, i.e. it comes in any colour you like as long as it's brown.

unholyangel

Don't forget that under the dsr's if a company sends replacement goods and the customer rejects them, the retailer is responsible for return postage costs regardless what their T&C's say

OP you need to inform them of your intent to cancel within 7 working days or receipt in writing - unless they permit cancellations by telephone.....personally with what they've said, i'd cancel by writing to be on the safe side.

Oopsadaisy

1. Cancel...in writing [under dsr]
2. They have to pay for return postage
3. They have to refund ALL monies paid ie watch plus P&P plus return P&P
4. If they pay silly bu66ers, threaten/involve TS
5. Piece of cake for a small claims case [assuming they are worth suing].
6. If you paid with credit card then you will get money back from ccc [if seller disappears]..

bod1467

2. They have to pay for return postage

ONLY if they haven't covered this in their T&Cs.

unholyangel

bod1467 wrote: »

2. They have to pay for return postage

ONLY if they haven't covered this in their T&Cs.

Hmmmmm not necessarily. If the item is damaged or a substitute product, they have to cover return postage costs regardless.