Help!

joxy

I've just ordered some craft wire, from wires.co.uk.

when the wire came, it was not the colour I thought it would be, so I emailed the company and asked to exchange. They said they would only refund 90% of the original price and I'd have to place a new order for the new wire.

Can they do this? All I want is an exchange, like for like, there's no difference in the price or amount only colour. I'm not comfortable about this.

Could anyone give me a clue as to what my rights are here. I've had a quick look for their terms and conditions, but can't find them on the site.

Any help appreciated. I'm a regular customer of theirs, and am disappointed to be treated this way.
Thanks!

arcon5

Assuming you've not requested a custom length or something no thu cannot. You can return the goods under distance selling regulations for a full refund. Or reject the goods if they are not as described under the sales of goods act and they should again refund you in full and pay to have the goods collected.

(Assuming your a consumer that is and not a business)

redfragglebiker

^^^ What Arcon5 said. Providing it is not a trade only website then the DSRs overtake their terms and conditions (which do mention a refund of 90%)
Under the DSRs you have 7 days to inform them that you will be returning the item for a full refund.
I think this guide is aimed more at the seller but it does provide the info you should need.
http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft913.pdf

wealdroam

When did you receive the goods?

If within seven working days of receipt, starting with day after receipt, then you can cancell the order and receive a full refund of all monies paid.
You may however, have to pay for the return of the goods.

On page 25 of the OFT's guide to the DSRs we are told...

What specifically do I have to refund to the consumer if they cancel?
3.48 The DSRs require you to refund any money paid by or on behalf of the consumer in relation to the contract to the person who made the payment. This means the full price of the goods, or deposit or prepayment made, including the cost of delivery. The essence of distance selling is that consumers buy from home and receive goods at home.

unholyangel

Interestingly, they guarantee your satisfaction.....but dont elaborate on how they go about that.

No mention on T&C's that they're a trade website. No mention of DSR's either.

joxy

Thanks for all responses!

Wealdroam, I received the goods today, after having ordered on the 29th of January.

They're always prompt with deliveries and usually i have no problem with them, until I wanted to return this specific item.

So where do I go now? do I get in touch quoting the rules and say I shall be returning the items, or do I just return them and te them I expect a 100% refund with postage?

Why are consumer rights such a minefield?

joxy

Oh, and I did the transaction using my own name, but including my business name. Does this change things?

unholyangel

joxy wrote: »

Oh, and I did the transaction using my own name, but including my business name. Does this change things?

Yes. DSRs are formally The Consumer Protection Regulations.

Acting in the course of a business would make it a B2B contract and consumer regulations/legislation would not apply.

ETA....worthwhile to note that chasing a refund on the basis of it being misdescribed (ie not conforming to contract). The chances of doing so based solely on colour though may not be straightforward. It would depend on whether it was a completely different colour or perhaps just a little offshade as just a little offshade could be caused by your own monitor settings as opposed to their fault.

joxy

I need the wire ASAP and will just have to submit to their T&Cs, but I'm not happy with it. I'll just make sure that anyone who reads my FB page, or any other page I have is made aware of their 90% refund options.

:O(

Thanks for the help everyone... :O)

bris

joxy wrote: »

I need the wire ASAP and will just have to submit to their T&Cs, but I'm not happy with it. I'll just make sure that anyone who reads my FB page, or any other page I have is made aware of their 90% refund options.

:O(

Thanks for the help everyone... :O)

Your a business, the T&C's are fair and as a business you need to take responsibility for the decisions you make. It's perfectly reasonable to have a 10% handling charge for the extra work they now have because of your mistake in ordering, their T&C's could just as easily have been no refunds (B2B), so they are the ones doing you a favour.