Ordered purchase at show and retailer refusing refund.

Jenski80

Can someone help please?

I recently went to the baby show at the excel centre and purchased/ordered a brand new pram through baby planet.
Since then (10 days ago) I have been offered a second hand pram for free and so called baby planet to cancel order and refund the money back to my debit card.

They informed me I could only have a full refund up to 7 days after purchase or a credit note up-to 14 days and say it's on the receipt. I didn't sign the receipt it was an order note.
I told them that I haven't even received the goods yet and consumer rights should be 28 days...

I'd appreciate it if someone could enlighten me.

Thank you

wealdroam

Sorry to say that you have no right to a refund on a purchase just because you have changed your mind.

The fact that they would've offered a refund up until seven days after purchase is in addition to your statutory rights.

I have no idea where you get your '28 days' thing from.

It is always wise to consider all sales as final unless told otherwise.

I would accept the credit note.

You do not have to sign a receipt.

heretolearn_2

Yep, I'm afraid to say you have no right to cancel your order. Take the offer of the credit note if there are other things you could get from them, or otherwise just enjoy your brand new pram for your brand new baby :-)

shaun_from_Africa

The fact that they would've offered a refund up until seven days after purchase is in addition to your statutory rights.

Isn't the 7 day cancellation period a statutory right in this case?
The OP ordered something which they have not yet received, and this order was placed at a show so it was away from the companies normal place of business.

When this happens, you have a legal 7 day cooling off period, and according to this Trading Standards website
http://www.ukecc.net/sub.asp?id=252
the 7 day period begins the day after the goods have been received, although I always thought it was days from signing the contract.

The Contracts Negotiated Away from Business Premises Directive 85/577/EEC protects consumers regarding contracts:

• Made at the doorstep or in the consumer's home.
• At the consumer’s place of work.
• During an excursion organised by a trader for consumers.
• A visit which arises from an unsolicited phone call.

The Directive allows consumers a minimum of a 7 day cooling off period which starts the day after goods are received or the day after a service contract is agreed. The trader is obliged to inform the consumer in writing (or another durable form i.e. email) of their right to cancel.

You may have a legal get out though.

They informed me I could only have a full refund up to 7 days after purchase or a credit note up-to 14 days and say it's on the receipt. I didn't sign the receipt it was an order note.

because according to the relevant legislation, and notice informing you of your right of cancellation must be

(3) The information to be contained in the notice under paragraph (1) above shall be easily legible and if incorporated in the contract or other document shall be afforded no less prominence than that given to any other information in the document apart from the heading to the document and the names of the parties to the contract and any information inserted in handwriting.

so if it was in smallprint on the receipt, it might not be legally valid.

wealdroam

That's interesting Shaun.

Are you suggesting that the show at the Excel Centre wasn't a place of business?

I've looked at the legislation, and it says pretty much the same as your quote above.

It doesn't mention 'normal place of business' as far as I can see.

The company's presence at the Baby Show at the Excel Centre between 24 - 26 February surely cannot be seen as 'an excursion organised by a trader for consumers', can it?

From the Baby Show's website...

Welcome to baby-shopping heaven! The Baby Show is the only place you can test, try and buy from the biggest range of fantastic baby and maternity products, many not available on the high street.

Looks like a place of business to me.

shaun_from_Africa

It is a place of business, just not the traders normal place of business.

In this instance the contract is dealt with exactly the same as if the trader visited your house and the "doorstep buying regulations" apply.
http://www.legislation.gov.uk/uksi/1987/2117/regulation/3/made

Contracts to which the Regulations apply

3.—(1) These Regulations apply to a contract, other than an excepted contract, for the supply by a trader of goods or services to a consumer which is made—

(d)during an excursion organised by the trader away from premises on which he is carrying on any business (whether on a permanent or temporary basis).

The regulations cover shows, trade fairs etc which take place away from the traders normal place of business.

From the OFT.

The Cancellation of Contracts made in a Consumer's Home or Place of Work etc Regulations 2008 are aimed at traders who enter into a contract with a consumer at their home or workplace. The regulations also cover contracts made at another individual's home or on an excursion organised by the trader away from their business premises.

wealdroam

Shaun I understand what you are saying.
It's just that you haven't shown to me that this legislation is concerned with transactions taking place away from the trader's normal place of business.

None of your quotes so far mention a trader's normal place of business.

I am suggesting that the trader's stand at that show is the trader's place of business at that time.

From the explanatory note to the legislation (link in my earlier post), we can see...

These Regulations implement Council Directive 85/577/EEC (OJ No.L372, 20.12.85, p.31) to protect the consumer in respect of contracts made at the doorstep or otherwise concluded away from business premises.

Sorry to harp on about it, but again it talks about 'business premises', not the trader's 'normal place of business'.

Let me re-quote regulation 3(1)(d)...

d)during an excursion organised by the trader away from premises on which he is carrying on any business (whether on a permanent or temporary basis).

This means that the regulations do not apply to transactions taking place at the trader's temporary or permanent place of business.

Can I suggest to you that the trader's stand at this show was indeed the trader's temporary place of business?

Jenski80

Thanks everyone.

I was just really miffed why they would not cancel the purchase without me haing the actual goods. They wouldn't even need to deliver.

I think I'll contact them again with some of this information and see how I get on.

I'll let you know how I get on

shaun_from_Africa

Don't forget that it's not how you or I interpret what is written into the legislation, it's how the OFT, Trading standards and the other consumer rights enforcement organisations interpret it.
Don't forget that it refers to their business premises, and not simply a business premises

The OFT,

The Cancellation of Contracts made in a Consumer's Home or Place of Work etc Regulations 2008 are aimed at traders who enter into a contract with a consumer at their home or workplace. The regulations also cover contracts made at another individual's home or on an excursion organised by the trader away from their business premises.

Trading standards

The Contracts Negotiated Away from Business Premises Directive 85/577/EEC protects consumers regarding contracts:

• Made at the doorstep or in the consumer's home.
• At the consumer’s place of work.
• During an excursion organised by a trader for consumers.
• A visit which arises from an unsolicited phone call

My local council

A GUIDE TO THE CONSUMER PROTECTION (CANCELLATION OF CONTRACTS CONCLUDED AWAY FROM BUSINESS PREMISES) REGULATIONS 1987

Consumers have legal rights when they agree to buy goods or services from a trader who has made an "unsolicited" visit to their home.


An "unsolicited" visit means that a trader visits a customer:-

• At their home
• At their workplace
• At someone else's home, or
• On a trip away from the trader's premises

This is why any properly worded contract signed at a show, trade fair etc will have the 7 day cooling off period.

If you were to contact TS, they would confirm that the business premises referred to in the various legislations is referring to the traders registered place of business.

To be honest though, this is mostly irrelevent as the 7 days has long gone.

System

The council one says the trader VISITS the customer, not the other way around and I'm not even sure that a trade fair is an 'excursion'. That implies taking a group of consumers somewhere.

A trade fair is no different to something such as a weekly market that happens in towns throughout the country.

heretolearn_2

'an excursion organised by the trader away from their business premises.'

This does not mean anything happening away from their premises. It means if the firm directly organises an 'excursion' for the consumers and sells them something, there is the cooling down period. This came in primarily for time share touting - giving people a free/subsidised trip and then selling them a timeshare. Or if my firm took a bunch of customers out on a jolly to France, got them hammered, and got them to sign contracts for something (or even if not getting them hammered first). Or you take a load of clients for a night out, if they agree to buy anything then, they can cancel. It's to protect people who are in a situation where they feel obliged/pressured to sign up. Not for people who decide to go to an exhibition and buy something.

It has nothing to do with this sort of situation.