Ordered a watch remotely (on the phone) - retailer has refused refund

mlv-1967

I recently ordered a Longines watch from a jeweller (Chisholm Hunter) on the phone and decided a few days later that I did not want the watch after all.  I notified the jeweller and they have refused my refund, with the excuse that as it's a 'special order' they do not accept refunds, only credit notes.  In my opinion, this restriction is unlawful, as the item ordered is not personalised, it's simply a watch they don't currently have in stock.  Their T&Cs state that they do not accept refund requests on any 'special order'  but my view is that as this was not an order made in a shop these terms and conditions cannot apply. 
I would like some advice and next steps I should take.

KatrinaWaves

When you say they don’t currently have it in stock, is it out of stock or did you request that they get this watch in for you?

If they ordered it for you specially then they can refuse your return request, or charge you any fees their supplier charges to get the watch back to them. If their supplier doesn’t allow them to send stuff back then they don’t have to take it back from you. 

mlv-1967

They had to order the watch for me, but the point I'm trying to make is that this is not a personalised item, but one that had to be ordered.  I don't know about any fees or charges that they might or might not incur.

KatrinaWaves

mlv-1967 said:

They had to order the watch for me, but the point I'm trying to make is that this is not a personalised item, but one that had to be ordered.  I don't know about any fees or charges that they might or might not incur.

So it’s clearly a special order, it not being personalised is irrelevant. You asked them to get it in for you. How did you research a watch, ask someone to get it in for you specifically and then decide you didn’t want it after all?

anyway if they don’t typically carry this item they do not have to refund you. 

DiddyDavies

KatrinaWaves said:

When you say they don’t currently have it in stock, is it out of stock or did you request that they get this watch in for you?

If they ordered it for you specially then they can refuse your return request, or charge you any fees their supplier charges to get the watch back to them. If their supplier doesn’t allow them to send stuff back then they don’t have to take it back from you. 

Not if it was a distance sale as covered by the Consumer Contracts Regulations.
Irrespective of it being a special order, the right of cancellation will still be there and it's only if it's a clearly personalised item that the return can be refused.
The supplier possibly not accepting the item back from the retailer is of no concern to a consumer because as far as they and the law is concerned, that's a totally separate contract.

Please note that we are unable to offer exchanges or refunds on bespoke items or special orders. This means we cannot provide refunds or exchanges on items that have been specially made to order for you. Personalised, altered items and specially ordered items outwith our current line of stock are also exempt from refund or exchange. Bespoke or specially ordered products may only be returned if the goods are faulty or were supplied incorrectly. This does not affect your statutory rights.

That's exactly what it does. It affects your statutory right of return.

davidmcn

I concur with DiddyDavies.

KatrinaWaves

Well if that’s indeed not covered what a shame that consumers are able to mess businesses around like that, getting them to order things in for them and then changing their mind on a whim... 

Were_Doomed

DiddyDavies said:

Please note that we are unable to offer exchanges or refunds on bespoke items or special orders. This means we cannot provide refunds or exchanges on items that have been specially made to order for you. Personalised, altered items and specially ordered items outwith our current line of stock are also exempt from refund or exchange. Bespoke or specially ordered products may only be returned if the goods are faulty or were supplied incorrectly. This does not affect your statutory rights.

That's exactly what it does. It affects your statutory right of return.

In fact .. use of the term Statutory Rights is in itself unlawful (illegal?) for terms in a consumer contract.

mlv-1967

KatrinaWaves said:

Well if that’s indeed not covered what a shame that consumers are able to mess businesses around like that, getting them to order things in for them and then changing their mind on a whim... 

If I am entitled to change my mind then I can.  I don't know what you are insinuating!  More often than not it is businesses who mess consumers around by being unreasonably inflexible.  Spending £1,500 on a watch is not a small or casual purchase, so you need to be completely happy before parting with your hard earned cash. 

DiddyDavies

KatrinaWaves said:

Well if that’s indeed not covered what a shame that consumers are able to mess businesses around like that, getting them to order things in for them and then changing their mind on a whim... 

Unfair or not (and that's a matter of opinion), if a retailer wishes to sell at a distance using the internet or telephone and get the advantage of a massive pool of potential customers then what's unfair about allowing customers the chance to examine the goods before deciding to keep them or not?
In this case, it's the retailer who is doing the messing about and who is committing criminal offences (both in their online advert and by telling the OP that they can't return the watch).

A retailer is not obliged to sell at a distance but if they choose to do so, why do you think it wrong for them to have to abide by the laws of the country?

Were_Doomed

mlv-1967 said:

KatrinaWaves said:

Well if that’s indeed not covered what a shame that consumers are able to mess businesses around like that, getting them to order things in for them and then changing their mind on a whim... 

If I am entitled to change my mind then I can.  I don't know what you are insinuating!  More often than not it is businesses who mess consumers around by being unreasonably inflexible.  Spending £1,500 on a watch is not a small or casual purchase, so you need to be completely happy before parting with your hard earned cash. 

One could argue that a consumer should research and satisfy themself that a purchase of £1500 will be satisfactory before making said purchase.  

But from the outside looking in it seems your position is a lawful one ... your challenge will be in getting the seller to comply. How did you pay? (I'm hoping you say Credit Card).