Refused a return

brenda50

Here is the important bit

The Regulations require a supplier to:

1. Give consumers certain information prior to conclusion of the contract.
2. Give consumers confirmation of the prior information in writing or in another durable medium which is available and accessible to the consumer (Email is an acceptable medium for this but displaying the information on a web page is NOT);

harrys_dad

brenda50 wrote: »

Here is the important bit


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Clearly that is the relevant part, and I suggest you go back to TS and ask them to check the advice they gave you.

stugib

brenda50 wrote: »

Here is the important bit


[/LIST]

<off topic>

Not doubting that's true, but would be interested to hear what the rationale was behind that regulation. I don't see how an email is more durable than website T&Cs, if you've actively accepted them.

ETA: actually, an email could be classed as durable as you have a copy of it, whereas T&Cs could be modified by the supplier after contract formed.

brenda50

Good point.

brenda50

OK I got back onto TS and they say that I should quote all of this about durable means and give them say 7 days to resolve the issue and also get onto the credit card company and see what they say about them breaking the regulations.

stugib

Here's what you get at the bottom of Amazon's order confirmation emails, as an example of someone doing it right:

This e-mail is only an acknowledgement of receipt of your order and your contract to purchase these items is not complete until we send you an e-mail notifying you that the items have been dispatched to you.

Your right to cancel:

At Amazon.co.uk we want you to be delighted every time you shop with us. Occasionally though, we know you may want to return items. Read more about our Returns Policy at:Further, under the United Kingdom's Distance Selling Regulations, you have the right to cancel the contract for the purchase of any of these items within a period of 7 working days, beginning with the day after the day on which the item is delivered. This applies to all of our products. However, we regret that we cannot accept cancellations of contracts for the purchase of video, DVD, audio, video games and software products where the item has been unsealed. Please note that we are unable to accept cancellation of, or returns for, digital items once downloading has commenced.

Our Returns Support Centre will guide you through our Returns Policy and provide you with a printable personalised return label. Please go to http://www.amazon.co.uk/returns-support to use our Returns Support Centre.

To cancel this contract, please pack the relevant item securely, attach your personalised return label and send it to us with the delivery slip so that we receive it within 7 working days after the day of the date that the item was delivered to you.

For your protection, we recommend that you use a recorded-delivery service. Please note that you will be responsible for the costs of returning the goods to us unless we delivered the item to you in error or the item is faulty. If we do not receive the item back from you with the delivery slip, we may arrange for collection of the item from your residence at your cost. You should be aware that, once we begin the delivery process, you will not be able to cancel any contract you have with us for services carried out by us (e.g. gift wrapping).

As soon as we receive notice of your cancellation of this order, we will refund the relevant part of the purchase price for that item.

Are you certain there was nothing included in the emails they sent you when you ordered?

brenda50

This is all it says:

Please see our website for returns informations.

brenda50

Here is the letter. Comments appreciated thanks.





Manager

Dear Sir,


I purchased a ***** Studio single bed, with ***** underbed drawers set of two, online on October 1st 2013 (reference #ORD7946). The items were dispached the same day and were received by me on the 2nd October 2013 though I cannot be 100% sure it was not the following day.


I emailed your company on October 13th to say that I wished to return the items as they were found to be unsuitable due to the inner measurements required for a separate set of slats and followed with a telephone call on the 15th where I was refused a refund.

I understand that I actually have three months plus 7 days to return, due to your failure to comply with the The Consumer Protection (Distance Selling) Regulations 2000 which stipulates in Section 8. 3 that:

“Subject to regulation 9, prior to the conclusion of a contract for the supply of services, the supplier shall inform the consumer in writing or in another durable medium which is available and accessible to the consumer

(2)b information about the conditions and procedures for exercising the right to cancel under regulation 10.

If no such notification is given then your cancellation rights extend up to 3 months and 7 working days."

The supplier must inform the buyer by a durable medium of their cancellation rights under the DSRs. The cancellation period (7 working days) begins the day after the delivery.

Email is durable because it cannot be edited afterwards and a copy can be reproduced. Websites can be edited after the contract has been agreed so are not durable.

Further, you state on the website that “ we offer a no quibble, 7 day cancellation and refund guarantee. For up to 7 days after you have received your goods, you can cancel, for any reason, and receive a full refund.”

Your [FONT=Bitstream Charter, serif]statement is not informing customers of their rights of a period of seven working days, and you are [/FONT][FONT=Bitstream Charter, serif]representing the DSRs as your own "offer" and not presenting them as rights afforded to consumers by law which contra[/FONT][FONT=Bitstream Charter, serif]venes Section 3c of [/FONT][FONT=Bitstream Charter, serif]the Consumer Protection from Unfair Trading Regulations 2008 which rules against “Presenting rights given to consumers in law as a distinctive feature of the traders offer”.[/FONT]

[FONT=Bitstream Charter, serif]I hereby request a full refund without any reductions for damaged packaging, seeing that the packaging was not included in the price and herewith give you seven working days from receipt of this letter which is 29th October 2013 to respond. Thank you.[/FONT]


[FONT=Bitstream Charter, serif]Yours sincerely [/FONT]

unholyangel

brenda50 wrote: »

OK I have spoken to my local Trading Standards and they say that the supplier has not contravened the regulations as they only have to mention the 7 days, and they say to write to them recorded delivery to ask them to refund as a gesture of goodwill and when I asked if I should quote the regulation I believe they have broken they said ok but if they do not refund I will have to go to court.

Did you tell ts they state 7 days and not 7 working days? Did you also tell ts they're representing the DSRs as their own "offer" and not presenting them as rights afforded to consumers by law?

When you write to them (if you need to), title it letter before action, keep it as simple and straightforward as possible and give them 14 days to reply. Google for letter before action and you should find some templates to give you an idea of what you should include.

And stugib is right. Email is durable because it cannot be edited afterwards and a copy can be reproduced. Websites can be edited after the contract has been agreed so are not durable.

unholyangel

oh and Brenda, I wouldn't mention " I know i'm not within the 7 days"

Simply because if they haven't notified you of your rights in a durable form before the conclusion of the contract, that 7 days is extended to either:
7 working days from when they do provide your rights in a durable form OR
a maximum of 3 months and 7 working days if the information is never supplied.