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

System

Optimist wrote: »

how did it become, this was a little retailer who did a special favour to the consumer and sell just this once ?

It didn't but until post #15 there was no indication whether it was a small retailer who did occasional or a company that does regular distance selling.

The point was raised that it is not clear cut about a 100% entitlement to a refund under DSR and the status of the seller needs to be taken into account

Hintza

frontman wrote: »

They are legally allowed to force us to accept credit notes over a normal cash/card refund?

Why not keep everyone sweet and buy what you actually require from them?

George_Michael

Hintza wrote: »

Why not keep everyone sweet and buy what you actually require from them?

And why couldn't the dealer keep everyone sweet by acting within the law and giving a full refund if this is what the law requires them to do.

It's common knowledge amongst the regulars on these boards that you don't agree with the DSR's and think that they are unfair on retailers, and even if they are, this doesn't give those retailers the option to pick and choose which laws they abide by. (And I realise that it hasn't be confirmed for certain that the sale in question would be covered by the DSR's)

arcon5

Isn't it understood that if you go in to a shop then confirm an order later by telephone then isn't classed as a 'distance' sale..

The OFT guide says this:

When do the DSRs apply?
2.8 The DSRs apply to your business if you sell goods or services without
face-to-face contact with your consumer using an organised distance
sale or service provision scheme for instance via:

And this:

Would the DSRs apply where a consumer has examined
goods in my shop and then orders the same goods from me
via distance means?
2.13 This depends on the circumstances, but we consider the DSRs would
not normally apply where a consumer examines goods at your
premises and later orders those goods by distance means, even if the
goods are slightly different, for example, ordered in a different colour
from those actually examined.

Although op didn't physically see the goods, it would be no different for example than going in to Argos and picking a product out of a catalog for which DSRs do not apply.

Although I understand why the retailer are not playing ball. It may be their supplier charges a re-stocking fee and they now feel burnt that it is being returned after them specially ordering the goods for the the customer, merely because op has had a change of heart.

Hintza

I was (semi) assuming the OP had the opportunity to inspect the item in store on collection? But the way things have been phrased it has a feeling of buyers remorse to it.

George I am not a huge fan of the DSRs as I feel they are slightly unfair (and are about to be changed). I have no problem with the spirit of the DSRs but they are a bit loose and some do seem to take full advantage of that fact.

Of course in many instances retailers do themselves no favours poor sizing/dimensions or poor quality.

I have seen it from both sides and a lot of people really try it on, which makes it much more difficult to spot the genuine cases.

shaun_from_Africa

The quote you provided has one bit that makes a big difference in this case.
The drum kit that the OP ordered was not examined in the store, and it doesn't appear that the one ordered was only slightly different from one in store otherwisw it should have been suitable for the OP.(that's justme reading between the lines).

The retailer appears to believe that the DSR's do not apply simply because they had to place a special order for the item and not because the OP had a chance to look at a similar item prior to placing their order.

arcon5

Op, can you clarify some important aspects of the purchase please?

- did you collect the goods from the shop or was it delivered?
- at what point during the order process did you complete payment? (ie over the phone, on collection, other)

arcon5

The drum kit that the OP ordered was not examined in the store, and it doesn't appear that the one ordered was only slightly different from one in store otherwisw it should have been suitable for the OP.(that's justme reading between the lines).

I'm assuming the kit is something specifically op sought out, which the shop then obliged by ordering it in specially despite not stocking it.

Flyboy152

Forwandert wrote: »

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.

If it ended up on court the business would have to show that the two entities are completely separate. District Judges are not stupid, they know the difference between the occasional sale and a fully fledged distance sales operation. They also know when a retailer is trying to pull a fast one.

Flyboy152

arcon5 wrote: »

Isn't it understood that if you go in to a shop then confirm an order later by telephone then isn't classed as a 'distance' sale..

The OFT guide says this:



And this:



Although op didn't physically see the goods, it would be no different for example than going in to Argos and picking a product out of a catalog for which DSRs do not apply.

Although I understand why the retailer are not playing ball. It may be their supplier charges a re-stocking fee and they now feel burnt that it is being returned after them specially ordering the goods for the the customer, merely because op has had a change of heart.

As I have always said, under many business circumstances, if you can't stand the heat, don't even go into the kitchen. Sorry, but if a business owner doesn't want to comply with the law, because they feel it is unfair, they need to consider a different line of work.