Right to return within 7 days (internet)

rothers8080

I recently bought something online (last week) but I want to return it, it came without a receipt and on phoning the company they essentially told me to go away and they didn't do refunds and they didn't care if I contacted trading standards, then said I should have read their 'returns policy':

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Products returned to us in a sellable condition will be credited subject to prior agreement and will incur a 25% restock charge.

However, in the event that a product has failed within the warranty period, we will send a replacement which is chargeable at the time of dispatch. Once we have received the faulty item it will be sent to the manufacturer for testing. When we have received a credit from the manufacturer we will then credit your account in full. If there is no fault found the the item no credit will be issued.

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Shall I just return it anyway or make a charge back on my card?

None of this sounds right when I read about distance selling regulations.

Their attitude on the phone was such that I'm not comfortable phoning them back.

jwruk

Company name or website link so we can look at their Ts&Cs would be useful.

unholyangel

And what did you purchase and how much was it? Some items are not covered by DSRs right to cancel. How much it is will dictate whether you can rely on CCA or visa/mastercards own policy.

vuvuzela

Looks like it is http://www.climatecontrolsandspares.co.uk/returns.html
Did you buy as a business to business transaction ? If so, DSRs do not apply.

WTFH

Yes, if it's something like gas spares or electrical components, they might not take them back.

Of course, if you won't tell us who the company is, or what the product is, then we're all just guessing.

rothers8080

It was an aircon unit and when it arrived I realised that company isn't a real outlet, they just had Daikin drop ship it to me directly and took a commission, i didn't even get a receipt!

After speaking to them on the phone and getting the whole 'sorry mate, we don't do returns' I don't want to deal with them and want to return the unit and buy from a genuine company.

I'm not a business, this was for my house.

WTFH

Sorry, is your reason for returning it because you don't like the company?

bod1467

Whilst it seems an odd reason to return, if it's a consumer transaction then that question is irrelevant.

Time to name and shame the company. You also haven't said how much you paid - this is important, as if it was £100 or more then you can exercise your rights via your credit card supplier (section 75 of the Consumer Credit Act) if the retailer doesn't play ball. Make sure you get information in writing (email) as evidence of their flagrant disregard for legislation.

Were/are they a UK company?

earthstorm

craigix wrote: »

It was an aircon unit and when it arrived I realised that company isn't a real outlet, they just had Daikin drop ship it to me directly and took a commission, i didn't even get a receipt!

After speaking to them on the phone and getting the whole 'sorry mate, we don't do returns' I don't want to deal with them and want to return the unit and buy from a genuine company.

I'm not a business, this was for my house.

a large majority of companies dropship or have items delivered direct to customers, their is nothing wrong with this form of business, the dropshippers normally places return instructions with the parcel.
i dropship clothing and toys and i never receive returns as both dropshippers handle these and inform me when they receive the returns so i can refund if thats what customer wants

earthstorm

bod1467 wrote: »

Whilst it seems an odd reason to return, if it's a consumer transaction then that question is irrelevant.

Time to name and shame the company. You also haven't said how much you paid - this is important, as if it was £100 or more then you can exercise your rights via your credit card supplier (section 75 of the Consumer Credit Act) if the retailer doesn't play ball. Make sure you get information in writing (email) as evidence of their flagrant disregard for legislation.

Were/are they a UK company?

a section 75 you would still need to disclose why you want to go this route and i dare say "i dont like the company as they dropship" wont work for a S75

frugal_mike

earthstorm wrote: »

a section 75 you would still need to disclose why you want to go this route and i dare say "i dont like the company as they dropship" wont work for a S75

Section 75 makes the credit supplier jointly and severally liable for the contract. The supplier is in breach of contract by not conforming with the implied terms of the DSR's, so the credit supplier owes OP a full refund including initial postage. The DSR's don't require a reason to be given. All OP needs to do is show the contract was cancelled by durable means (email or letter etc) within the timescales stipulated in the DSR's. That would be a minimum of 7 working days starting the day after delivery. However I bet they didn't supply the relevant information about cancellations etc, so it could be as high as 3 months and 7 working days.