Special order by phone

bris

But the fact is the op is not an organised distance seller and only does so infrequently. I say DSR does not apply, some say yes, but ultimately it's not for us to decide. Thats what the legal action, if any will determine.
As a retailer I would certainly fight this one, the customer came to him, having presumably done his homework on the item elsewhere, it's completely unfair to now put him in this position.

wealdroam

Yes, I think you are right Bris.

I too would encourage the OP to fight this... but it's by no means a sure thing, and it is not my money at risk.

gram77

wealdroam wrote: »

OK, I now know who's who.

OP, I see that the customer has notified you that he wishes to cancel the order.
Has he used a 'durable means'?
I.e. is that cancellation in writing, email is ok?

Not yet in writing, by phone so far. I have had an email simply saying the following "


Thanks *****


Please note orders purchased by telephone or internet have an automatic cooling off period anyway and therefore I would be expecting a full refund as this is the norm.

With kind regards
********


he is no idiot so before the 7 days is out i will expect a full written notification.

Thanks again everyone, any thoughts are much appreciated.

shaun_from_Africa

Don't forget that if the DSR's do apply (and I agree that it is a big "if"), your buyer doesn't have to rely on the 7 day period.

This 7 days only applies if the buyer was notified in writing of their DSR rights. If they weren't, then the 7 days begins from when they are informed and could extend up to 3 months and 7 days.

I agree that you should initially refuse the refund and take it from there. Your buyer may decide to take legal action, or they may simply back down, and even if they do go for it, you will still have the option to refund before the papers are filed.

gram77

I will ring the customer in the morning with the news that my supplier is not going to take the item back, and expect the fireworks to begin.
I have thought about this a lot today and think I will refuse to refund and fight my corner in court if it comes to it.
I would rather get out of this business than deal with the type of person that thinks nothing of doing this sort of thing to a small business. I'm not trying to and can't compete with the big boys online anyway and have been veering towards other markets for the last 12 months or so , so this is perhaps a crossroads moment for me and my business.
many thanks people

shaun_from_Africa

You could always wait until after 7 working days from when you delivered the table, then contact the buyer and tell them that as you have not received written notification of their wish to cancel under the DSR's you won't be refunding.

A bluff I know, but it may work.

gram77

shaun_from_Africa wrote: »

You could always wait until after 7 working days from when you delivered the table, then contact the buyer and tell them that as you have not received written notification of their wish to cancel under the DSR's you won't be refunding.

A bluff I know, but it may work.

after all the calls and emails I can't imagine this chaps going to sit quiet for 7 days.
plus,
wouldn't that be playing along to the DSR laws which I propose not to be associated with ?

mattyprice4004

You won't be held to it, the key point is that you don't regularly sell at a distance.

I can't see them getting anywhere.

gram77

mattyprice4004 wrote: »

You won't be held to it, the key point is that you don't regularly sell at a distance.

I can't see them getting anywhere.

i assume selling secondhand and collectable stuff on ebay doesn't make me a regular distance seller ? my main web /shop business is brand new goods.

mattyprice4004

gram77 wrote: »

i assume selling secondhand and collectable stuff on ebay doesn't make me a regular distance seller ? my main web /shop business is brand new goods.

If you have any kind of arrangement to sell at a distance set up I'd say yes, if you sell more than a couple of things a month via eBay as a business I'd say you were a regular seller.