Distance selling exceptions

Flyboy152

Grush wrote: »

Yes, that's exactly my point. I tried to get that across to them in the letter I sent, quoting the part explaining valid exceptions, but they chose to ignore it. They seem to think that their terms and conditions and tick boxes cover them.

As you correctly say, a stock watch strap is a special order but certainly not a "one-off".

Indeed, their stock procedures are their lookout, not yours and certainly do not supercede the law.

Grush

I've now sent my 2nd response, recorded, to Shade Station quoting all the information I received from OFT/Consumer Direct. They now have 14 days to respond.

I'm not that hopeful that they'll get the hint that I'm like a dog with a bone with this one, so I suspect I'll be sending that 3rd letter.

I'll keep you posted.

fluffnutter

It's like sofas. They're made to order, they're NOT made to a customer's unique specifications. Sofas (bought online or mail order) are not exempt from the DSR and neither is this watch strap.

Keep pursuing it, Grush. I reckon they'll come round in the end.

zaax

Don't bother to push, throw them off a cliff with a card charge back.

Grush

I've just got off the phone with Shade Station and "on this occasion" they are going to give me a refund. :j

According to them, they also spoke to ConsumerDirect and, were told that, because I accepted the watch strap wasn't refundable, I wasn't covered by the rules anymore. They also tried to tell me that, because the watch strap was a special order, it would be classified, again according to what ConsumerDirect told them, as a "personalised" item and was therefore exempt from the distance selling rules.

Personally, I think this is a load of tripe as I still don't see 1) how you can sign away your statutory rights and 2) how a special order of a standard item is all of a sudden personalised (especially as I've since seen them as stock in a Fossil store).

Not that fussed either way though as I've got my money back (finally), although I may be going elsewhere for my watch-based purchases from now on.

Lessons learnt;

• don't take no for an answer
• quote all information you can find on the internet/get from ConsumerDirect/other sources
• generally be a complete pain in the @rse until you get the answer you want!

Thanks to everyone who has been involved in this, either giving advice or their support. It's very much appreciated. :T

halibut2209

It is a load of tripe, and this is very negative publicity for them. Certainly anyone here would not use them in the future.

Glad you got a refund in the end though, despite it being your legal right!

EDIT: And no, you cannot sign away your statutory rights. Bunch of crooks

shaun_from_Africa

According to them, they also spoke to ConsumerDirect and, were told that, because I accepted the watch strap wasn't refundable, I wasn't covered by the rules anymore.

Once you've actually received the refund, I would send one more e-mail asking the retailer asking if they could provide the name of the person that they spoke to at Consumer direct as you are going to make an official complaint about them giving out incorrect advice.

I would also be tempted to actually follow it up, and contact CD to let them know exactly what has happened.
You can make an online report very easily by going to the consumer direct website.

pmduk

I suspect they're just trying to save face having realised or been told that they're in the wrong,.

bod1467

pmduk wrote: »

I suspect they're just trying to save face having realised or been told that they're in the wrong,.

I would tend to agree.