Paying a deposit on a Credit Card

PAWUH

Hi MSE, I'm a bit new to all this forum stuff but am in a bit of a pickle and need some advice.

I put down a deposit on a large value item on my credit card. Now I've found it cheaper elsewhere and would like my deposit back. It was bought on the telephone and internet, never having seen the item I presumed I would be covered by the distance selling regulations. So I phoned the company and they told me they are not prepared to give me any of the deposit back which amounts to £7000. On their website it says this:
Returns policy

Watches Ordered/altered to customer's specification
(Defined as those not held in stock)
Where a watch has to be ordered in response to a customer order, the watch will be registered to the customer by the authorised dealer. This represents an exemption to the distance selling regulations. The 7 day cooling off period does not apply. You are entitled to return the item for refund in the following circumstances.

• • If the item ordered is not the item delivered. The items unique model number and it's description as listed on your order confirmation will be used to confirm the item ordered.
  • If the item is faulty or damaged in any way.
  • If the watch does not fall in to one of the above categories there may be a charge should you wish to return the watch. These cases will be assessed on an individual basis and the charge is made at our discretion. If the watch is found to have been marked there will also be a charge for any refurbishment that is necessary to return the watch to its original condition.

Watches held in stock
If you have ordered a stock item you can return it within 7 working days of receiving it. You will be refunded on condition that the watch is returned with all associated items and in the same condition that the watch was supplied in. It will be inspected on arrival and if it's found to have been marked there will be an additional charge for any refurbishment that is necessary to return the watch to its original condition.
This does not affect your statutory rights as a consumer.

Order Cancellation

Watches altered to customer specification's (those not held in stock)


If you wish to cancel your order you should notify us by some durable form without delay. We will acknowledge your intention to cancel within 2 working days. Once your watch has been altered to you specification (see above) you may become liable for a cancellation fee. Any cancellation fee will be calculated on an individual basis up to a maximum of 20% of the purchase price.
The costs will reflect the potential losses incurred by GENERIC WATCH COMPANY in selling the watch as a pre-owned item. Each case will be assessed individually.


Mine happens to be one of those not held in stock but it's not personalized. Now on their website it says the watch normally takes 7 to 21 days to get. They quoted me from the beginning of august to receiving the watch in October.



Please help.........I don't really know what to do.



Is there anyway of getting out of this or should I just take the mistake on the chin and do my research next time?

Or is there a way to use the section 75. I'm don't really understand it but have heard about it.

[Deleted User]

Find out how much they will charge if you return the watch. It may be cheaper to pay that and then buy elsewhere.

Section 75 won't apply as they have not failed to meet your order.

PAWUH

They want to charge the full deposit.

[Deleted User]

No, but that is not the same as you completing the order and then returning the watch for a refund - as per point 3 of their refund policy.

PAWUH

Yeah they still want to charge the 20% deposit money whether cancelled or returned after fulfilment.

[Deleted User]

Then unless you can get it more than 20% cheaper elsewhere you should continue the order.

And definitely shop around next time before clicking on the checkout button.

PAWUH

Ok. Thanks for the advice.

Looksguywalker

PAWUH, try posting your problem on the Consumer Rights Board about 30 down...last one in Home and Play section.

Hooloovoo

You're paying £35k for a watch?

bris

In what way is it customised? If it is just an off the shelf watch DSR does apply, just because they don't stock it doesn't make it customised.
If they have to personalise it to suit you then that would be customised, but from what you describe they seem to be saying that because it's not held in stock it's customised, thats incorrect.
It seems the credit card S75 will not get involved with DSR claims, but you could give them a try and explain that your DSR rights are being ignored.

andymc29

Since you're obviously a millionaire, I'd suggest just taking this on the chin and chalking it up to experience.