Retailer refusing to refund "special order" purchase. Is this legal?

HumbleAko

Hello frontman,

I suggest you send the retailer a stern letter stating that you are entitled to a refund under Distance Selling Regulations. Clearly state in the letter that you will take the issue to small claims court and report the business to trading standards if it fails to comply with the law. Once the retailer has received the letter, phone them and they will most likely refund you.

System

HumbleAko wrote: »

Hello frontman,

I suggest you send the retailer a stern letter stating that you are entitled to a refund under Distance Selling Regulations. Clearly state in the letter that you will take the issue to small claims court and report the business to trading standards if it fails to comply with the law. Once the retailer has received the letter, phone them and they will most likely refund you.

Are they entitled under DSR though? It is not a given just because they ordered by phone. If the retailer does not normally do distance sales then it will not apply,

frontman

HumbleAko wrote: »

Hello frontman,

I suggest you send the retailer a stern letter stating that you are entitled to a refund under Distance Selling Regulations. Clearly state in the letter that you will take the issue to small claims court and report the business to trading standards if it fails to comply with the law. Once the retailer has received the letter, phone them and they will most likely refund you.

I am in touch with their MD now who I hope will investigate this fairly, but I agree that would be the next step.

frontman

So what's the impact of this ambiguity around normal selling practises??

The retailer does operate a fully fledged online shop but also has a store. I would take this to mean they are more than used to dealing with DSR.

Forwandert

frontman wrote: »

So what's the impact of this ambiguity around normal selling practises??

The retailer does operate a fully fledged online shop but also has a store. I would take this to mean they are more than used to dealing with DSR.

It would depend if the online and store business are ran as one or separate entities. If they are both separate what the online store does isn't relevant to the situation your facing.

neilmcl

ThumbRemote wrote: »

Completely wrong. DSRs cover all Distance Sales

The OP is entitled to return the product to the retailer for a full refund, including outgoing postage costs, under the DSRs.

I'm afraid it is you who is wrong. Bris is quite correct as has now been explained above.

Takeaway_Addict

Did you inform them within 7 days of reciept of the product that you wished to return it under DSR?

frontman

Takeaway_Addict wrote: »

Did you inform them within 7 days of reciept of the product that you wished to return it under DSR?

Absolutely, within 24 hours of receipt.


I am now confused as to whether this firm and sale are subject to DSR or not.

Optimist

frontman wrote: »

Absolutely, within 24 hours of receipt.


I am now confused as to whether this firm and sale are subject to DSR or not.

I have no idea why people go of on a tangent on these forums.

The retailer refused a refund on the basis that it was a special purchase so where and how did it become, this was a little retailer who did a special favour to the consumer and sell just this once ?

I would suggest you point the retailer in the direction of the Distance Selling Regulations and his obligations under them.

If he still refuses report him to trading standards, I believe you have to go through Citizens Advice online now.

Also if he refuses send him a letter giving him a reasonable time i.e a week to two weeks to fulfill said obligations or you will take out proceedings in the small claims court.

This is something that is easy to do.

bris

Optimist wrote: »

I have no idea why people go of on a tangent on these forums.

Who has went on a tangent?
The OP was asking about his right to return a phone sale. It was not established that the seller had a DSR business or not. If not DSR doesn't apply for the odd sale this way.
I now believe that because of the new information regarding the online shop, that they are set up for DSR sales so DSR will apply.