New car return/refund possibility?

Jonesya

If it's fine upto 90 minutes then it doesn't sound too bad.
Maybe you need to get a beaded seat cover.

neilmcl

bazzyb said:

DTD seem to suggest you’re stuck with it so you’ll certainly have a battle to cancel. These are their standard terms:

    IV.        Cancellation

                     1.        The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 state that www.drivethedeal.com must not begin to supply the service before the end of the statutory cancellation period of 14 days unless you expressly request that we commence the service immediately.

                     2.        Because the car manufacturers can increase their prices without notice, and because various offers are time sensitive and stock changes constantly, it would be impractical for us not to act on your order for 14 days.

                     3.        By submitting an order you hereby expressly request us immediately to start to provide you with the service on receipt of your order for the purpose of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. You may tell www.drivethedeal.com in writing at any time that you no longer wish us to provide you with the service up until we conclude the agreement on your behalf with the dealer by arranging for the payment of your deposit.

                     4.        Your attention is drawn to the fact that you have a right to cancel your agreement with the dealer under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. This right does not apply however where the vehicle you have agreed to purchase is made to your specifications or is clearly personalised.

                     5.        If you change your mind and cancel your order once we have passed it to a dealer, then we will suffer loss because we will have incurred all of the expense in acting upon your instructions to order the car, yet the dealer will not pay us a commission. As such, we would charge you a fee of £354.00 (£295 + VAT) which we are legally entitled to do under Clause 36 (4) (b) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

As already stated, ordering a car, or any other product, and specifying it from a list of readily available options is not the same as having it "made to the consumer’s specifications or are clearly personalised". The exemption would only apply if the OP had specified something not normally made for the car, such as a special paint job or got them to customise it in some way.

Scrapit

Jonesya said:

If it's fine upto 90 minutes then it doesn't sound too bad.
Maybe you need to get a beaded seat cover.

Gasp! On a RS4!?

treeroy

I would ignore the ideas about changing seats etc because the seats are not the cause of your discomfort, the suspension is.

Did you spec it with adaptive dampers? 
Do you have any ability to change the car's settings? Which might include suspension.
What tyre pressure are you running? You could lower it for comfort.
Also what wheel size and tyre size have you got? Did you spec the biggest possible alloys for Bling Points ?

You won't be entitled to a refund and to be honest I'm surprised that you bought an RS4 if you don't like firm riding cars. 
Practical long-term solutions would be:
1) Replace the suspension, you could probably do this for under £5k
2) Get smaller wheels and fatter tyres, £1k
3) Sell the car, £quite-a-few-K

billy2shots

Have you got side bolster adjustment?
Have you got the option to change the driving dynamics? Sport )race settings etc may adjust the bolsters to hug where as comfort/eco may relax them. 

neilmcl

treeroy said:

Did you spec it with adaptive dampers? 
Do you have any ability to change the car's settings? Which might include suspension.
What tyre pressure are you running? You could lower it for comfort.
Also what wheel size and tyre size have you got? Did you spec the biggest possible alloys for Bling Points ?

You won't be entitled to a refund and to be honest I'm surprised that you bought an RS4 if you don't like firm riding cars. 
Practical long-term solutions would be:
1) Replace the suspension, you could probably do this for under £5k
2) Get smaller wheels and fatter tyres, £1k
3) Sell the car, £quite-a-few-K

Care to tell us why?

As already stated, if this is truly is a fully distanced sale, and the OP has yet to answer questions regarding this, then they are entitled to cancel the contract for a refund.

One thing to bear in mind though is as he's been driving it then the dealer would potentially be able to deduct an amount to take into account any usage beyond what was necessary to establish the function and nature of the car. In other words if he's been driving it more than he would've done via a simple test drive then he wont be entitled to a full refund.

Mercdriver

neilmcl said:

treeroy said:

Did you spec it with adaptive dampers? 
Do you have any ability to change the car's settings? Which might include suspension.
What tyre pressure are you running? You could lower it for comfort.
Also what wheel size and tyre size have you got? Did you spec the biggest possible alloys for Bling Points ?

You won't be entitled to a refund and to be honest I'm surprised that you bought an RS4 if you don't like firm riding cars. 
Practical long-term solutions would be:
1) Replace the suspension, you could probably do this for under £5k
2) Get smaller wheels and fatter tyres, £1k
3) Sell the car, £quite-a-few-K

Care to tell us why?

As already stated, if this is truly is a fully distanced sale, and the OP has yet to answer questions regarding this, then they are entitled to cancel the contract for a refund.

One thing to bear in mind though is as he's been driving it then the dealer would potentially be able to deduct an amount to take into account any usage beyond what was necessary to establish the function and nature of the car. In other words if he's been driving it more than he would've done via a simple test drive then he wont be entitled to a full refund.

The bit that needs clarifications is if the OP picked things from the options list.  If he did, then it may well be argued that the build was specifically for him and so exempt from DSR

AdrianC

Mercdriver said:
The bit that needs clarifications is if the OP picked things from the options list.  If he did, then it may well be argued that the build was specifically for him and so exempt from DSR

Nope. See the ombudsman's "scenario 4", which I highlighted at the top of the first page of this thread...

AdrianC said:

You have no legal right to return a car because you don't like it. There is no fault with it.

You MIGHT have a 14-day DSR return right, if you only collected the car and didn't sign any of the purchase paperwork. See scenario 4.
https://www.themotorombudsman.org/distance-sales-faqs

Mercdriver

Anything that has an element of made to measure is excluded from Distance Selling Regulations, that's my point.  It coudl be argued that if the OP personalised his purchase via the options list that may make it exempt.

m0bov

You won't get your money back under DSR, you would only if you ordered a ready built stock car. The moment you start ticking boxes and making a choice on colour, engine etc you loose that right.