Please advise - online purchase

JasonAlexanderSmith

This is an email I sent to a company on 30th July..

The items below were purchased on 4 June 2018 as a gift. The products were purchased in advance of a birthday but are unwanted by the recipient.

I wish to return the goods in line with your policy clearly stated on your website as per below.

I spoke to you on the phone. You have stated you refuse to issue a refund because of a 14 day cooling off period.

There is no reference on this ‘XXXXXX Returns and Refund Policy’ page to a 14 day cooling off period.

Please confirm this in writing so I can lodge a complaint.


I received no reply.

Questions - why does the site not mention the 14 day cooling off period?
Do I have any rights in respect of returning the unwanted purchase?
Why did the company not reply to my email?

Any advice would be appreciated. Thank you.

neilmcl

By law you have 14 days in which you can cancel a contract for goods made at a distance (eg, online) however you seem to have missed this deadline. Unless the items are faulty you have no rights to return them for a refund.

https://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations

marliepanda

JasonAlexanderSmith wrote: »

This is an email I sent to a company on 30th July..

The items below were purchased on 4 June 2018 as a gift. The products were purchased in advance of a birthday but are unwanted by the recipient.

I wish to return the goods in line with your policy clearly stated on your website as per below.

I spoke to you on the phone. You have stated you refuse to issue a refund because of a 14 day cooling off period.

There is no reference on this ‘XXXXXX Returns and Refund Policy’ page to a 14 day cooling off period.

Please confirm this in writing so I can lodge a complaint.


I received no reply.

Questions - why does the site not mention the 14 day cooling off period?
Do I have any rights in respect of returning the unwanted purchase?
Why did the company not reply to my email?

Any advice would be appreciated. Thank you.

What does their online returns policy say? That you can return 2 months later if you dont want them? Please link...

TadleyBaggie

JasonAlexanderSmith wrote: »

Questions - why does the site not mention the 14 day cooling off period?

Because it is a standard part of consumer rights when goods are bought online and a change of mind occurs. The same way there are no rights for change of mind if the goods are bought in a shop. They don't have t state the default consumer rights.

JasonAlexanderSmith wrote: »

Do I have any rights in respect of returning the unwanted purchase?

None.

JasonAlexanderSmith wrote: »

Why did the company not reply to my email?

Because they don't have to.

DoaM

Before people rush to tear the OP a "new one" I think OP needs to heed post #3 ... give us a link to the T&Cs/policy and we'll be able to properly advise.

For info ... people saying you have no rights are assuming that there's nothing in the company's returns policy that enhances your consumer rights. Anything in the T&Cs/returns policy forms part of the contract, so if the policy says you can return within 30 days, 60 days, whatever, and you return the goods per the policy then you'd be entitled to a refund per the policy.

unholyangel

TadleyBaggie wrote: »

Because it is a standard part of consumer rights when goods are bought online and a change of mind occurs. The same way there are no rights for change of mind if the goods are bought in a shop. They don't have t state the default consumer rights.


None.


Because they don't have to.

Actually they do need to advise you of your statutory rights under the CCRs.

If they fail to provide the information required by the CCRs then it can significantly affect your rights. Such as if you are not told at the time of entering the contract that you have 14 days to notify of your intent to cancel (and a further 14 days from notifying to actually return the goods) then you have 14 days from the time they do provide that information. If they never provide that information then you have 1 year and 14 days to cancel.

JasonAlexanderSmith

Thanks for all the comments. The T+C states 14 days but I wasn't specifically made aware of the T+C's when I purchased the item but I guess it is my responsibility to search their site and read them.
It is a shame. The items are brand new and have not been used. I suppose the best option is to try and re-sell them now.
I was only checking just in case. I accept the original posting was a long shot. Thanks.

theonlywayisup

JasonAlexanderSmith wrote: »

Thanks for all the comments. The T+C states 14 days but I wasn't specifically made aware of the T+C's when I purchased the item but I guess it is my responsibility to search their site and read them.
It is a shame. The items are brand new and have not been used. I suppose the best option is to try and re-sell them now.
I was only checking just in case. I accept the original posting was a long shot. Thanks.

That has cleared a few things up but perhaps not all. If you can give a link to the website, we might be able to help.

JasonAlexanderSmith

Slendertone

Greta_Sharbo

JasonAlexanderSmith wrote: »

Thanks for all the comments. The T+C states 14 days but I wasn't specifically made aware of the T+C's when I purchased the item but I guess it is my responsibility to search their site and read them.
It is a shame. The items are brand new and have not been used. I suppose the best option is to try and re-sell them now.
I was only checking just in case. I accept the original posting was a long shot. Thanks.

They need to send you information about the CCRs - it should be durable so an email or in writing - linking to a website isn't durable.

Did they send you anything by email?

marliepanda

JasonAlexanderSmith wrote: »

Slendertone

You bought a slender tone for someone’s birthday and it turned out they didn’t want it...

Sounds more like someone bought it and used it for two months before a holiday...