Issue with Music Glue not honouring DSR's cancellation rights

Kite2010

Afternoon all

Website - Music Glue (www.musicglue.com)

I placed a pre-order for a CD on the 10th May, which is due to be released in Mid-July. I sent an email to cancel the order on 21st June (due to finding it much cheaper elsewhere).

Had email back today saying that they couldn't cancel the order as it was outside 7 days after ordering and as per their T&Cs they didn't have to cancel

"
6 Cancelling purchases
6.1 In respect of physical Items that you purchase via the website, you may cancel the purchase and claim a refund for any reason within the first 7 working days following purchase, provided that you have not during such time received and used the Items, and send back to us any Items delivered at your own cost." (http://www.musicglue.com/terms-and-conditions/)



Surely this is breaching the DSRs rights of cancelling within 7 days after receiving the goods (3.23) and 3.35 (as per http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf)


Any suggestions on the next step I should take?

frugal_mike

You are right, the cancellation period starts the day after you receive the goods, not the day you place the order.

Have they taken your money yet? I would contact yoir card provider and see if tgey can help. Make sure you keep a copy of all correspondence with the seller too. If they take the money issue a chargeback. If the item is delivered then refuse delivery.

Kite2010

Pretty sure they haven't, I will double check my CC statement.

If they try to deliver, most likely it will be via standard post (no signature), so returning via recorded will confirm they got it back.

Edit - it appears they have.

Bit cheeky of them charging at time of order, rather than at time of dispatch like most others do.

unholyangel

Kite2010 wrote: »

Pretty sure they haven't, I will double check my CC statement.

If they try to deliver, most likely it will be via standard post (no signature), so returning via recorded will confirm they got it back.

Edit - it appears they have.

Bit cheeky of them charging at time of order, rather than at time of dispatch like most others do.

Quite a lot of companies usually take the payment upon ordering. In my experience, it appears to be the norm.

As for the rest, have you tried telling the company in question that under DSRs you have 7 working days starting the day after delivery to cancel? Even tell them you would be happy for them to double check the information you have provided with trading standards or their own legal counsel.

I've done it a few times and more often than not they'll come back saying they've checked, they were mistaken and they'll get it sorted. Not always but most times!

Kite2010

unholyangel wrote: »

Quite a lot of companies usually take the payment upon ordering. In my experience, it appears to be the norm.

As for the rest, have you tried telling the company in question that under DSRs you have 7 working days starting the day after delivery to cancel? Even tell them you would be happy for them to double check the information you have provided with trading standards or their own legal counsel.

I've done it a few times and more often than not they'll come back saying they've checked, they were mistaken and they'll get it sorted. Not always but most times!

I sent them an email this morning with the link to the DSR leaflet, highlighting those 2 points about cancellation. Just awaiting for them to get back to me now

frugal_mike

Let us know what they say, i'll be interested to know if they try and argue the point here. This area of the DSR is very clear and not open to interpretation.

Kite2010

I've heard nothing back from Musicglue, but the CD arrived today via a 3rd party which had the proper DSR rights on the back, so it was put back into the post this afternoon after emailing the 3rd party that I'm returning it.

10p on them refunding me just the price of the CD and not the £4 they charged for postage (via royal mail 2nd class!)

unholyangel

Kite2010 wrote: »

I've heard nothing back from Musicglue, but the CD arrived today via a 3rd party which had the proper DSR rights on the back, so it was put back into the post this afternoon after emailing the 3rd party that I'm returning it.

10p on them refunding me just the price of the CD and not the £4 they charged for postage (via royal mail 2nd class!)

Some companies were notorious for not refunding P&P unless consumers specifically ask for it. And we're talking some of the big names, like next, debenhams etc. Anytime I email my cancellation I always state i'm returning for a full refund including postage costs as per DSRs (unless i've paid for a premium service or have kept part of the order and the delivery charge is per order, not per item).

Kite2010

Good news, I've got a full refund, including initial P&P

So Musicglue bad, Mythophonic good