Product out of stock...refund?

savings37

I'm wondering if I'm within my rights to request a refund for an item...

Order placed online....they emailed next day to say out of stock, wait 2 weeks or would I like a different brand like for like item for same price...I opted for waiting 2 weeks for original item.

2 weeks went by....I emailed to ask for an update....product not available for at least 3 extra weeks was the reply...they asked would I like the different branded item again, which is 2 weeks wait for that one now(plus extra money this time!)

We are talking about an item priced at close on £1000 pounds.

Am I within my rights to request a refund?

It's 20 days since first ordering, they have stated they won't have the product with a 30 day timescale. 

theonlywayisup

What country is the seller in?

savings37

UK seller.

Ectophile

savings37 said:

UK seller.

In that case, yes.  You even have a right to ask for a refund anything up to 14 days after delivery (but in that case you would have to send the goods back).

savings37

Thanks for the info

Yes, I'm aware of the 14 days after delivery rule. I hope it doesn't come to that. 

the_lunatic_is_in_my_head

www.legislation.gov.uk/ukpga/2015/15/section/28/enacted

(3)Unless there is an agreed time or period, the contract is to be treated as including a term that the trader must deliver the goods—

(a)without undue delay, and

(b)in any event, not more than 30 days after the day on which the contract is entered into.

(4)In this section—

(a)an “agreed” time or period means a time or period agreed by the trader and the consumer for delivery of the goods;

(b)if there is an obligation to deliver the goods at the time the contract is entered into, that time counts as the “agreed” time.

(5)Subsections (6) and (7) apply if the trader does not deliver the goods in accordance with subsection (3) or at the agreed time or within the agreed period.

(6)If the circumstances are that—

(a)the trader has refused to deliver the goods,

(b)delivery of the goods at the agreed time or within the agreed period is essential taking into account all the relevant circumstances at the time the contract was entered into, or

(c)the consumer told the trader before the contract was entered into that delivery in accordance with subsection (3), or at the agreed time or within the agreed period, was essential,

then the consumer may treat the contract as at an end.

(7)In any other circumstances, the consumer may specify a period that is appropriate in the circumstances and require the trader to deliver the goods before the end of that period.

(8)If the consumer specifies a period under subsection (7) but the goods are not delivered within that period, then the consumer may treat the contract as at an end.

(9)If the consumer treats the contract as at an end under subsection (6) or (8), the trader must without undue delay reimburse all payments made under the contract.

Assuming acceptance has occurred another 3 weeks takes them beyond 30 days, if they accept orders upon dispatch you don't yet have a contract and thus can cancel anyway. 

unholyangel

the_lunatic_is_in_my_head said:

www.legislation.gov.uk/ukpga/2015/15/section/28/enacted

Assuming acceptance has occurred another 3 weeks takes them beyond 30 days, if they accept orders upon dispatch you don't yet have a contract and thus can cancel anyway. 

Puzzled why you're quoting the parts about time for delivery if OP has the general right to cancel conferred by the regulations?

The delivery provisions are really only useful when it comes to items that are normally excluded from the right to cancel (made to customers specifications for example). 


Long day? 

the_lunatic_is_in_my_head

unholyangel said:

the_lunatic_is_in_my_head said:

www.legislation.gov.uk/ukpga/2015/15/section/28/enacted

Assuming acceptance has occurred another 3 weeks takes them beyond 30 days, if they accept orders upon dispatch you don't yet have a contract and thus can cancel anyway. 

Puzzled why you're quoting the parts about time for delivery if OP has the general right to cancel conferred by the regulations?

The delivery provisions are really only useful when it comes to items that are normally excluded from the right to cancel (made to customers specifications for example). 


Long day? 

It's always a long day working from home with a 3 year old to look after!  

I understood it as the right to cancel begins the day after the goods come into possession of the OP (or someone named by them), I knew 30 days was required somewhere but missed the below from the CCR which seems to echo the CRA:
www.legislation.gov.uk/uksi/2013/3134/regulation/42/made

It was my understanding if acceptance had occurred but the goods were not delivered yet and the trader is still within the specified time-frames the right to cancel didn't (yet) exist yet? 

unholyangel

the_lunatic_is_in_my_head said:

unholyangel said:

the_lunatic_is_in_my_head said:

www.legislation.gov.uk/ukpga/2015/15/section/28/enacted

Assuming acceptance has occurred another 3 weeks takes them beyond 30 days, if they accept orders upon dispatch you don't yet have a contract and thus can cancel anyway. 

Puzzled why you're quoting the parts about time for delivery if OP has the general right to cancel conferred by the regulations?

The delivery provisions are really only useful when it comes to items that are normally excluded from the right to cancel (made to customers specifications for example). 


Long day? 

It's always a long day working from home with a 3 year old to look after!  

I understood it as the right to cancel begins the day after the goods come into possession of the OP (or someone named by them), I knew 30 days was required somewhere but missed the below from the CCR which seems to echo the CRA:
www.legislation.gov.uk/uksi/2013/3134/regulation/42/made

It was my understanding if acceptance had occurred but the goods were not delivered yet and the trader is still within the specified time-frames the right to cancel didn't (yet) exist yet? 

Cancellation period begins when the contract is entered into (prior to that, it would be a withdrawal of your offer rather than cancellation of a contract) and ends depending on when the trader provides the necessary info - with a minimum of 14 days and a maximum of 1 year & 14 days. 

29.—(1) The consumer may cancel a distance or off-premises contract at any time in the cancellation period without giving any reason, and without incurring any liability except under these provisions—
(a)regulation 34(3) (where enhanced delivery chosen by consumer);
(b)regulation 34(9) (where value of goods diminished by consumer handling);
(c)regulation 35(5) (where goods returned by consumer);
(d)regulation 36(4) (where consumer requests early supply of service).
(2) The cancellation period begins when the contract is entered into and ends in accordance with regulation 30 or 31.
(3) Paragraph (1) does not affect the consumer’s right to withdraw an offer made by the consumer to enter into a distance or off-premises contract, at any time before the contract is entered into, without giving any reason and without incurring any liability.

savings37

I managed to get the refund sorted..... thankyou