Question regarding a possible refund on an item a shop specifically ordered

jasonwatkins

As I understand it, my mum was in contact with a shop regarding a wall clock she was interested in. She wanted something specifically that glowed in the dark so she could see the clock face at night.

She went to this particular shop who showed her a picture of one that she thought might be just what she was after so she asked them to order it and paid for it at that point.

She apparently contacted them yesterday and asked them what would happen if the clock arrived and it wasn't specifically what she wanted - basically i suppose if she changed her mind or if the numbers on the clock face weren't clear enough for her to see (she's 73 and her eyesight is 'ok' but she still ideally needs something large-ish and clear).

The shop apparently told her that there was nothing they could do since she ordered it and paid for it - effectively telling her she had to keep it even if it might not be suitable.

My question is - can they do this ?. My mum is quite happy to keep the clock if it's suitable for her, but she's a bit concerned that she'll be out of pocket with a clock she'll never use if it's not suitable and the shop refuse to take it back or issue a refund ?

She only saw a picture of this clock in a catalogue apparently and made the decision on that, so would there be any recourse based on that if things don't work out ?

Any help would be most welcome, thankyou

frugal_mike

The distance selling regulations (which allow you to cancel contracts within 7 working days) do not apply in this situation, even though your mother has all the disadvantages of having bought at a distance. This is because she did not pay at a distance, the contract was formed in person in the store.

If the clock is in any way not as described or faulty then your mother can reject it under the sale of goods act, for example if it was claimed it was glow in the dark but actually isn't. However if the clock is as described, not faulty or defective, but just isn't suitable for your mother then unfortunately there is no recourse. If the shop terms and conditions state that you can't return any goods for change of mind or you can't return goods that have been specially ordered in for change of mind then your mother is out of luck.

jasonwatkins

Thankyou very much for that informative response

I'll let her know. Fingers crossed it'll turn out to be fine and we won't have a problem. I'll make sure she's also told me the whole story as well, just in case.

jasonwatkins

ok, a little bit more info.

she apparently was shown a clock in the store (Hinds) which was like the one in the catalogue and she decided based on that and the picture she saw in the book.

They would only order it if she paid for it there and then as well.

I don't know if that will make a lot of difference though.

Hintza

Why do people do this? Post about an event even before it happens, smacks of buyers remorse.

jasonwatkins

Hintza wrote: »

Why do people do this? Post about an event even before it happens, smacks of buyers remorse.

What are you on about ?

My mum expressed concern about what might happen should the clock not be suitable and I posted a question along those lines. I can't see how that's a problem ?

frugal_mike

jasonwatkins wrote: »

ok, a little bit more info.

she apparently was shown a clock in the store (Hinds) which was like the one in the catalogue and she decided based on that and the picture she saw in the book.

They would only order it if she paid for it there and then as well.

I don't know if that will make a lot of difference though.

Well anything that was said in store is part of the contract, but proving what was said will be difficult and probably not worth fighting. As you say, I'm sure the clock will be fine.

Hintza

jasonwatkins wrote: »

The shop apparently told her that there was nothing they could do since she ordered it and paid for it - effectively telling her she had to keep it even if it might not be suitable.

She agreed to this when she ordered it. If she wasn't happy with it then she shouldn't have.

Techhead_2

jasonwatkins wrote: »

What are you on about ?

My mum expressed concern about what might happen should the clock not be suitable and I posted a question along those lines. I can't see how that's a problem ?

What Hintza was saying, rather inelegantly, is that the time to decide if it is suitable is before committing and the time to seek a solution is IF it arrives and isn't suitable.

Your mum made a choice based on the information given. She must have been happy with the photo and seeing a similar clock or she would not have committed. tHere is nothing to suggest that the clock won't be suitable, unless you feel your mum made a decision prematurely before she had all the facts. At the moment it's just worrying about something that might possibly happen.

IF the clock arrives and it doesn't match the photo or is significantly different to the similar clock (she was shown) or is faulty then the store will need to resolve it. IF your mum finds that she committed to the sale in error then they don't need to do anything. (But may do for customer service if you act in a sensible, open and honest way)

jasonwatkins

Techhead wrote: »

At the moment it's just worrying about something that might possibly happen

She does that. A lot

Thanks for the replies. As I said, i'm sure it will be fine.