Can I get a refund on this phone order?

unholyangel

Your cancellation email does not need to specifically state you're cancelling. DSRs used the term "however expressed" as long as the intent is there.


And sorry for asking this if you've already answered it but how did you pay for the items? On the phone at time of ordering or in store when you collected?

mhill11

Hi unholyangel,

Yes the email never mentioned that I wanted a refund, just I was unhappy with the goods as they weren't what I wanted so wanted an exchange for something that I did want. It would be a bit annoying if this is turned down for being over 7 days considering I informed them of the problem within the 7 day time frame and they have sat on it for this length of time and not bothered to make contact...I had to chase them up yet again today to get their unexpected answer!

Hey no problem...paid for it over the phone with a credit card back in April when we placed the order.

Thank you for your help.

unholyangel

mhill11 wrote: »

Hi unholyangel,

Yes the email never mentioned that I wanted a refund, just I was unhappy with the goods as they weren't what I wanted so wanted an exchange for something that I did want. It would be a bit annoying if this is turned down for being over 7 days considering I informed them of the problem within the 7 day time frame and they have sat on it for this length of time and not bothered to make contact...I had to chase them up yet again today to get their unexpected answer!

Hey no problem...paid for it over the phone with a credit card back in April when we placed the order.

Thank you for your help.

I think you might be able to argue that the original email constitutes notice of your intent to cancel. Certainly seems to have made clear you werent willing to accept them and its the same thing imo.

Who's the retailer?

frugal_mike

If you paid on Credit Card then you can make a Section 75 claim against the Credit Card provider for each item that cost more than £100. They are jointly and severally liable for the contract under Section 75 of the Consumer Credit act. It's unclear from your initial post exactly what you bought though so I can't say for certain whether this applies to you.

mhill11

Hi again,

Thanks for the quick replies again.

Unholyangel, if anyone else read the email they would see that I was stating I was not accepting the items as they were not what I wanted. It can't really be taken any other way.

Hi frugal_mike, the items were under the £100 mark, I just ordered a large quantity hence the £500 total.

I would rather not mention the retailer at this point...they are a one shop/online business rather than a Tesco or Next.

I think my best option then is to send them an email, making a note of the DSR and see of the outcome. I wonder if they're even aware of DSR (or CCR now). If I get no reply then I guess the Citizens Advice Consumer helpline would be my next port of call.

Does this sound like the best thing to do now?

Again, appreciate all your help.

mhill11

Hi all,

Just an update on this.

So I sent an email explaining about the DSR and their t&c's on their website...they replied today referencing their t&c's which they amended today to give weight to their argument! Luckily I took a screenshot of their t&c's yesterday in case something like this happened (didn't think it would but hey!) and was able to compare the two and what they quoted on their email reply was nowhere in yesterdays t&c's. Although I note, as with any website, they say they reserve the right to alter and amend these terms and conditions without prior notice, surely if looked at in court or anyone for that matter, this just looks like a cover up?!

Any opinions on this would be most welcome!

unholyangel

mhill11 wrote: »

Hi all,

Just an update on this.

So I sent an email explaining about the DSR and their t&c's on their website...they replied today referencing their t&c's which they amended today to give weight to their argument! Luckily I took a screenshot of their t&c's yesterday in case something like this happened (didn't think it would but hey!) and was able to compare the two and what they quoted on their email reply was nowhere in yesterdays t&c's. Although I note, as with any website, they say they reserve the right to alter and amend these terms and conditions without prior notice, surely if looked at in court or anyone for that matter, this just looks like a cover up?!

Any opinions on this would be most welcome!

What specifically have they changed?

Regardless, they cannot retrospectively alter the terms of your agreement or any other agreement already made. They can only alter terms on future contracts that have yet to be entered into.

mhill11

Hi unholyangel,

They have added the last sentence to the below paragraph to their terms and conditions:

Items that are highlighted as ‘Sold Out’ can still be purchased, but will need to be specially ordered. Items that are specially commissioned or made to order are not subject to the standard terms and conditions as set out below.

As I was ordering a large quantity they could say that it was a special order which is fine, but the previous terms and conditions made no reference to any 'special order' nor any exemptions from their standard t&c's.

To me it just seems they're trying to be clever as well as morally wrong by adding this sentence in then sending me an email quoting this new paragraph of their t&c's and refusing the refund. It also looks like the act of someone that is guilty...why amend your t&c's the day after I make my refund request?! I'm sure this would be frowned upon if we took this to the small claims court. Would this also be the sort of thing that trading standards would look at?

They've really ticked me off with this!

Thanks

unholyangel

Yes report it to TS - although be aware they rarely take action on a single complaint.

Ultimately, DSRs do not exclude your right to cancel for "special" or "made to" orders. It is only if the goods are clearly personalised.

But as I said above, what their T&C's are now is of no relevance, the only relevant terms are the ones that were in place when you entered into the agreement (although if they try to remove your statutory rights/are unfair terms, then they wouldnt be enforceable and may amount to a criminal offence).

mhill11

Thanks again for the useful tips unholyangel. It gives me more confidence when I send an email back to them!

Can you just clarify what you mean by the last part in brackets? I just want to be sure I have the correct idea of what this means before sending a reply back.

Yes I did think TS wouldn't act on this but was worth mentioning I guess...I also think if this does go to the small claims court, they would see this deception on the the company's part which would not look good.

Goods aren't personalised, just we ordered a bulk order hence them classing it as 'special'.