Distance Selling Consumer Contracts - My Rights

wealdroam

flyinggizmo wrote: »

I think I'm perfectly justified in asking for a full refund for the reasons I've outlined.

So do I.

For exactly the reason stated by Mutzi.

I.e. Subsection (3) of Section 14 of The Sale of Goods Act 1979.

Aquamania

flyinggizmo wrote: »

...I think I'm perfectly justified in asking for a full refund for the reasons I've outlined.

So what advice are you looking for here today?

InsideInsurance

Aquamania wrote: »

It's very difficult to explain such a fitment with accuracy over the phone. Pictures, measurements, etc would normally be needed.

Assuming the call happened as the OP says, then this is an issue for the seller. If they did confirm its all OK it doesnt matter how difficult it is to do it over the phone, they should have said that they cannot confirm it because of the difficulties and thus it isnt an "advised sale"

Obviously the difficulty, as per my original post, is substantiating the content of the phone call.

flyinggizmo

Firstly, thank you all for taking the time & trouble to answer my thread, much appreciated. My reason for posting was to get a concensus of opinion as to whether my request for a full refund is a reasonable one. It's not my fault this Company acts as a "middle man", buying the product from one supplier, having it fitted by another Company etc. but at the very least I would expect them to understand the limitations of any installations on their advertised products so that it doesn't get to the point where the fitting company has to tell them when they turn up at the customers door to do the installation. I couldn't do anything more than telephone them 2 days before ordering to check for any envisaged problems. They told the fitter's Company they record all phone calls. I've given the time & date of my initial call to them and asked them to listen to it where I clearly discuss with them the exact placement of where I wanted the lights fitted. ( in an area below the headlights & above the fog lights ). I do intend to take this matter further, not only for the monetary value but more as a point of principle now that I am being ignored. Could someone please advise the best next course of action for me as obviously dialogue with this Company has come to a grinding halt.

System

If you paid via credit card (or another method with some protection e.g paypal) you could make a claim that way, assuming you are within any time limits that apply.

If you are currently looking for a new hobby (it will take some work), you can take it via small claims.

flyinggizmo

I've just received an email from them rejecting everything I've said. I think it's time for a new hobby!!! Thanks again everyone.

frugal_mike

Aquamania wrote: »

I'm sure the lights are fit for purpose. i.e. as DLR lights suitable for a Ford Focus.

But they are not suitable for fitment in the place the OP wants them fitted. They were offered to be fitted in a safe and legal position, but the OP refused.

Under The Sale of Goods Act, if the buyer informs the seller what (s)he plans to do with the goods and the seller agrees to sell them then then the goods are not for purpose if they can't be used as the buyer intended. It does not matter if the normal purpose of the goods is different to the buyers intended purpose.

pinkshoes

Aquamania wrote: »

So what advice are you looking for here today?

Be nice to all money savers please.

The OP has been mis-sold a product that is not suitable for his car, and he is asking what the next step is to get a full refund, as the seller is refusing.

goldforthepriceofsilver

On Which website it said Distance Selling regs were replaced on 13 June 2014 to Consumer Contracts Regulations.

The problem is, my husband bought something in error this morning courtesy of autofill on his Kindle tablet. His bank rang to alert him to it and wanted to cancel his card.

But in managing to keep his card active, he didn't get the bank to stop the payment, I know, grrr. :mad:

The email from the company refers to distance selling regs and that the items are non returnable.

I have looked at the non returnable list on Which and Gold Ingots are not mentioned as non returnable.

But now he has spent a lot of money in error and is being told he can't return.

If anybody has any advice, I would really appreciate it to try and sort it out please.

shaun_from_Africa

goldforthepriceofsilver wrote: »

I have looked at the non returnable list on Which and Gold Ingots are not mentioned as non returnable.

If anybody has any advice, I would really appreciate it to try and sort it out please.

I'm afraid that the seller is correct about the gold ingots. They are exempt from the right of cancellation.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/265898/consumer-contracts-information-cancellation-and-additional-payments-regulations-2013.pdf

28.—(1) This Part does not apply as regards the following—
(a) the supply of—
(i) goods, or
(ii) services, other than supply of water, gas, electricity or district heating,
for which the price is dependent on fluctuations in the financial market which cannot becontrolled by the trader and which may occur within the cancellation period;

The price of precious metals charges many times each day and because of this, no returns have to be accepted.