New car return/refund possibility?

neilmcl

Mercdriver said:

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.

Again, you're wrong. Choosing items from a distinct list of available options does not make it "made to measure". The law is clear, to be exempt the goods have to be "made to the consumer’s specifications or are clearly personalised", ie, the consumer has his own specifications or personalisation, not ones available to all via an options list.

neilmcl

m0bov said:

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.

Again wrong, as explained. Also DSR no longer exists, it's the CCRs.

AdrianC

Mercdriver said:

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.

Did you actually bother reading that "scenario 4"?

Mercdriver

AdrianC said:

Mercdriver said:

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.

Did you actually bother reading that "scenario 4"?

Yes I did, but it is largely irrelevant to any suggestion that the transaction is exempt - I wasn't saying it was, but it is something the dealer may well try.  

AdrianC

Mercdriver said:

AdrianC said:

Mercdriver said:

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.

Did you actually bother reading that "scenario 4"?

Yes I did, but it is largely irrelevant to any suggestion that the transaction is exempt - I wasn't saying it was, but it is something the dealer may well try.  

Really? It seems to cover the OP's situation exactly. The scenario specifically refers to the customer configuring their car from the standard options available, and waiting for it to be built to order.

Belenus

ASD93 said:

Stubod said:

..seat / lumbar support cushion?

Back is fine, it's the side bolster that causes pressure to build on the nerves in my right thigh. It's totally fine for 30minutes (like when I tested the car) but after 90 minutes on the motorway its almost crippling.

Looks like a ten grand hit in under a week. Gutted is an understatement. 

Are you resting your right leg against the side bolster/cushion, perhaps while using cruise control?

Can you adjust your seating position slightly while still having full control?

neilmcl

Mercdriver said:

AdrianC said:

Mercdriver said:

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.

Did you actually bother reading that "scenario 4"?

Yes I did, but it is largely irrelevant to any suggestion that the transaction is exempt - I wasn't saying it was, but it is something the dealer may well try.  

How can it be irrelevant? The scenario states clearly - "uses the configurator on their website to ‘build’ her new car and places the order". It describes exactly the process of selecting the optional extras to build the new car order, something you seem to believe makes the contract exempt from the right to cancel.

burlingtonfl6

There are too many rights now.
For all we know an OP might be 10 stone overweight so no seat will fit them......should they be allowed to just hand the car back because they made a bad choice.

neilmcl

burlingtonfl6 said:

There are too many rights now.
For all we know an OP might be 10 stone overweight so no seat will fit them......should they be allowed to just hand the car back because they made a bad choice.

It kind of depends. At the end of the day it's not much different to you buying a pair of jeans over the internet only to find they don't fit too well, maybe they're the correct size but they're just too tight in the leg for you. You'd still expect to be able to return them, wouldn't you?

The whole point of distance selling regulations such as the CCRs is that it affords you the same abilities to make an informed decision regarding your purchase as if you had in a physical shop where you can handle and try on/demonstrate the goods. I'm not saying the OP has the right to a full refund here as I'd argue that maybe his "handling" of the goods, in this case the car, is more than what is deemed legally necessary, but the overall principle of purchasing a vehicle via distance means is the same.

burlingtonfl6

neilmcl said:

burlingtonfl6 said:

There are too many rights now.
For all we know an OP might be 10 stone overweight so no seat will fit them......should they be allowed to just hand the car back because they made a bad choice.

It kind of depends. At the end of the day it's not much different to you buying a pair of jeans over the internet only to find they don't fit too well, maybe they're the correct size but they're just too tight in the leg for you. You'd still expect to be able to return them, wouldn't you?

The whole point of distance selling regulations such as the CCRs is that it affords you the same abilities to make an informed decision regarding your purchase as if you had in a physical shop where you can handle and try on/demonstrate the goods. I'm not saying the OP has the right to a full refund here as I'd argue that maybe his "handling" of the goods, in this case the car, is more than what is deemed legally necessary, but the overall principle of purchasing a vehicle via distance means is the same.

Not really. If I wore them on a night out and found after 90 minutes of use that my legs shouldn't be anywhere near a skinny pair of jeans it's my own fault for buying them.

We've gone too far with all this now. The OP tested the car then ordered one. The fact they don't like it should be ''tough luck''