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Any advice online order cancellation

jellybeantinker1
jellybeantinker1 Posts: 49 Forumite
Part of the Furniture 10 Posts Combo Breaker
edited 9 January 2020 at 6:49PM in Consumer rights
post deleted
January 2024 Grocery Challenge - January 2024 (£65.08/ £150) / Yearly (£65.08 / £3000 (£250/month) )

Mortgage free since 2013! One of our best decisions was to pay the mortgage off early!

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Comments

  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The relevant statutory rights just refer to "days", it's the trader's problem if they're not open for business in order to deal with your request - you don't need to get a response from them within the relevant time.

    Though you might want to clarify what you're seeking here - is it a "change of mind" refund or one based on the fact the items are damaged/not as described? (the latter is a better one to pursue if it's true)
  • jellybeantinker1
    jellybeantinker1 Posts: 49 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    edited 9 January 2020 at 6:49PM
    post deleted
    January 2024 Grocery Challenge - January 2024 (£65.08/ £150) / Yearly (£65.08 / £3000 (£250/month) )

    Mortgage free since 2013! One of our best decisions was to pay the mortgage off early!

  • eddddy
    eddddy Posts: 18,474 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 29 December 2019 at 3:25PM
    If a business is closed, and you are not able to get hold of them by telephone, or receive any response to a message by email (from the date of 21/12-29/12)...

    Do they sell to consumers? A business that closes for that long over Christmas sounds like it might be a 'Trade only' website.

    Have you checked their T&Cs? By ordering, have you agreed that you're making a trade purchase?

    If it's a trade purchase, you won't have any statutory consumer rights.
    ....they cannot expect customers to be checking on those days

    You need to be careful about making-up your own rules (for example "they cannot count Christmas day and Boxing day").

    It's what the contract says, or what the legislation says, that's important - not what you 'expect'.
    ..but it is the fact that there is no-one to call for nearly a week.

    How does the contract say you should report faults etc? Sending an email would probably be considered a reasonable way of reporting faults.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I had 10 days to check from delivery
    There's no statutory time limit, that's just something the retailer has made up.
    but requested an extension to 14 days due to xmas day/boxing day and they cannot expect customers to be checking on those days
    I don't see why they can't really (or why it should take so long to check for damage), but like I said there's no statutory time limit anyway.
  • born_again
    born_again Posts: 23,327 Forumite
    10,000 Posts Sixth Anniversary Name Dropper
    Who is this kitchen company?
    Website link?
    Life in the slow lane
  • jellybeantinker1
    jellybeantinker1 Posts: 49 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    edited 9 January 2020 at 6:49PM
    post deleted
    January 2024 Grocery Challenge - January 2024 (£65.08/ £150) / Yearly (£65.08 / £3000 (£250/month) )

    Mortgage free since 2013! One of our best decisions was to pay the mortgage off early!

  • jellybeantinker1
    jellybeantinker1 Posts: 49 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    edited 9 January 2020 at 6:49PM
    psot deleted
    January 2024 Grocery Challenge - January 2024 (£65.08/ £150) / Yearly (£65.08 / £3000 (£250/month) )

    Mortgage free since 2013! One of our best decisions was to pay the mortgage off early!

  • Can’t expect customers to check the goods because it’s xmas and then you complain there is no one to contact because it’s xmas.
    Sounds like you want your cake and to eat it
  • eddddy
    eddddy Posts: 18,474 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I expect to receive goods that are not damaged, or inferior quality to those I expected to receive, as stated in the description and all their jargon

    It would be better to express your complaint in terms of your contractual rights and/or statutory rights.

    Assuming the company sold to you as a consumer (and not as a trader/business), you will be protected by the Consumer Rights Act 2015.

    That means the products must be:
    • Satisfactory quality
    • Fit for purpose
    • As described

    So you can base your complaint on one or more of those reasons.
    Also no-one can, or should be expected to properly, and I mean properly, inspect a kitchen within 72 hours as some kitchen companies say.

    In general, if you don't like a supplier's t&cs you should just avoid buying from them. (If everyone does that, then they'll go out of business.)

    In your case, it sounds like the supplier's t&cs were trying to deny you your statutory rights.

    Perhaps you should have seen that as a big red flag, and avoided ordering from them.

    Companies that try to deny their customers their statutory rights tend to be bad companies to deal with.
  • pinkshoes
    pinkshoes Posts: 20,659 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Can’t expect customers to check the goods because it’s xmas and then you complain there is no one to contact because it’s xmas.
    Sounds like you want your cake and to eat it

    I disagree.

    The OP has inspected the goods just within the time, and now wants to reject them, but is quite rightfully worried that the rejection will not be seen until after the company opens up again.

    OP, just email them rejecting the goods as not fit for purpose. The date of the email is evidence that you rejected them within the time limit. It is not your fault if they don’t receive it until the new year.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
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