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Distance selling queries.
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tinkerbell28
Posts: 2,720 Forumite
So I ordered some spare parts for a bike 3 weeks ago. Long story short, unless I have them by Friday they're useless.
I am still waiting despite all spare parts allegedly being delivered in 7-10 working days in bold. So most people would presume 3 weeks is adequate?
I know presume makes an .,/- out of me however.
I called today and they still can't guarantee when they're here as they come from Germany. Times may vary in the small print.
I said if they're not here by Friday then I'd like a refund. Apparently I can't have a refund as they are personalised items under the consumer contracts regulations as they were ordered specifically for me! So they're exempt and they don't have to refund.
They are not personalised what so ever, just typical spare parts from an online catalogue.
Where do I stand please?
I am still waiting despite all spare parts allegedly being delivered in 7-10 working days in bold. So most people would presume 3 weeks is adequate?
I know presume makes an .,/- out of me however.
I called today and they still can't guarantee when they're here as they come from Germany. Times may vary in the small print.
I said if they're not here by Friday then I'd like a refund. Apparently I can't have a refund as they are personalised items under the consumer contracts regulations as they were ordered specifically for me! So they're exempt and they don't have to refund.
They are not personalised what so ever, just typical spare parts from an online catalogue.
Where do I stand please?
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Comments
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On what basis are they saying (or do they think) the items are personalised. Can you say what the items are?0
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If it's just regular parts then they are not personalised. You are entitled to cancel, getting them to agree is the part you might have a problem with.0
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Just regular parts. Handle bar ends. Wheel arch thing and that is it! All ordered online from a parts catalogue.
They are saying they are personalised because they have to order them in specifically for me from their manufacturer to send on. Even though they are a distributor for said manufacturer and offer a blanket spare parts ordering system. They class spare parts as personalised items and it is buried in their T&C's somewhere...Apparently that means I can't cancel. I honestly did not think just a spare parts order counted as personalisation.0 -
If it really is a case of you ordering something which is a regular part, not customised or specifically made for you, then I really can't see how they can even say it is exempt.
Do you mind sharing the website as perhaps that may help.0 -
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I'm just going to post a list of stuff the retailer thinks they can do that the law says they can't:1.5 We will not accept responsibility for delays in delivery caused by suppliers, third parties or other factors beyond our control. Therefore, we will not be held liable for items that fail to arrive by a required date.
3.1 We endeavour to describe products and use product illustrations as accurately as possible. In some instances, however, due to product changes and upgrades, there may be slight variations from the descriptions and illustrations given. Therefore, we shall not be held liable for any such differences to the final product as a result of the above.
4.3 It is always your responsibility to check the goods on delivery. If the goods received are damaged or there are any shortages, then you must notify us by telephone on 01527 874 222 or in writing within 48 hours of accepting delivery. We are not able to process any claims for any damaged goods or shortages after this period of time.
5.1.1 PUKYonline is compliant with the Consumer Contracts Regulations, which gives you a 14 day "cooling off" period.
5.1.3 On receiving our confirmation that the goods can be returned, you must make sure that the item returned is in it's original condition, meaning that it is unused and with all the original packaging and instructions. We will not be able to refund you otherwise.
5.1.7 Unfortunately, we are unable to provide a refund for any goods that have been made to your specification or personalised, which would include spare parts. Goods of this nature are excluded from the Consumer Contracts Regulations.
5.2.2 If the goods received are damaged, then we will offer you a full refund, or if you would rather, an alternative product. In either instance, please note that you must notify us by telephone on 01527 874 222 of the damage within 24 hours of accepting delivery. We are not able to process any claim for any damaged goods after this period of time. This condition is imposed by our couriers.
5.2.6 Any goods that have been made to your specification or personalised, will not be liable for a refund. Items of this nature are excluded from the Consumer Contracts Regulations. When goods such as this are received damaged, we will endeavour to repair or replace them. If this is not possible, we will offer you a full refund.
5.3.1 If the goods develop a manufacturing fault within 7 days of you accepting delivery we shall offer you a full refund, or if you choose, replacement goods of the same or similar specification.
5.3.2 If the goods develop a manufacturing fault after 7 days, but within 12 months, of you accepting delivery we will then endeavour to repair the goods by sending out replacement parts.
5.3.3 Perishable goods are excluded from this warranty. For the purpose of this warranty perishable goods include but are not limited to tyres, inner tubes, brake pads etc.
5.3.4 This warranty does not cover goods over 12 months old.
6.1 We reserve the right not to fulfil any order if we so wish. We will refund the full amount paid by you to us in such circumstances.
6.6 Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Great Britain without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Great Britain in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
And thats just from 1 page. They also give an 0843 number as their contact number except for one or two terms where they give you a basic rate number - which is in breach of the CCRs as they need to give any basic rate number equal prominence.
Some of their terms are laughable though. For example classing tyres and brake pads as perishables. They're not - they're consumables but not perishables. Perishables are things like fresh food & flowers - which is likely to deteriorate or expire rapidly.
Likewise it seems they're interpreting spare parts as made to order as they are ordering them upon consumer request but the exemption is made to the consumers specifications or clearly personalised - made to order items are not exempt from the CCRs. What are exempt are items that are not on offer to the general public. So if you asked them to source something they don't normally offer as part of their range.
I could go on, but with how many dodgy T&C's they have, I'll be here all day.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
Well I am none the wiser why they think 'spare parts' are exempt. But they really do think that.Unfortunately, we are unable to provide a refund for any goods that have been made to your specification or personalised, which would include spare parts. Goods of this nature are excluded from the Consumer Contracts Regulations.PUKY provide spare parts to easily keep your ride-on in tip-top shape over the years making a PUKY vehicle one that can be kept for generations. At PUKYonline we are able to provide PUKY spare parts for both current and older models. Please note that we do not hold stock of spare parts ourselves. We will only order your spare parts from PUKY once an order is placed with us. We are, therefore, unable to guarantee delivery times on your spare parts order. Your order should usually take no longer than approx. 7-10 working days although this can sometimes vary. We only deliver in the UK (for delivery to other EU countries please visit https://www.kidsnet.eu) Please also note that as spare parts are ordered to your specification they are non refundable once ordered and excluded from our standard returns policy.
Just because they have to order them in, doesn't make them exempt. That's their problem.
If it were me, I would send them a formal notice of cancellation by email. I would refer the CCR and advise them that spare parts are not exempt.
How did you pay?0 -
http://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations
http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange
OP, those links will give you the basic terms and a template letter if you follow through the pages and the MSE link will give you the list of what is excluded. Spare parts are NOT excluded.What ISN'T covered?
There are quite a few exceptions, but they are usually in niche areas.
Show me the excluded items
Fresh food and flowers
Personalised or perishable goods
Accommodation/transport/leisure services purchased for a particular timeframe
Newspapers and magazines (unless they are part of a subscription)
Sealed audio, video or computer software that has been opened
Buying or building property or paying rent
Medical products and services
Hiring a taxi, boat or plane
Goods that fluctuate in price (such as foreign exchange)
Emergency repairs and maintenance
Financial products, package holidays or timeshares (although these have different rights, see below)
If you have examined the goods in a shop then ordered from the same retailer online and this inspection was specifically noted as part of the purchase contract
If you reserve items online but pay for them in-store
If you buy something at an auction0 -
Thanks all, I paid by debit card. I wouldn't be so cross if I had been informed of a delay without having to phone a premium rate number twice!
I had a feeling they were not right in what they said :mad:0 -
If you get any issues with a refund/cancellation have a read of this:
http://www.moneysavingexpert.com/shopping/visa-mastercard-chargeback0
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