Sports Direct refuse to refund

KG888
KG888 Posts: 1 Newbie
edited 9 January at 12:48PM in Consumer rights
Appreciate any help with this. At the start of November I ordered some items from SD for Christmas. I received all except one and had an email saying that the order for this has been processed and I would get another email when it was dispatched. As it got closer to Christmas I contacted SD and said if it wasn’t going to come before Christmas, I wanted to cancel it. I was told that because the order had been processed, it couldn’t be cancelled nor could they give me any idea of when it would be available but once I got it I could send it back for a refund (minus £4.99 postage). 
Surely this is not legal! Can they just hold onto my money indefinitely and not send the item? Not sure what my rights are here.

Comments

  • Aylesbury_Duck
    Aylesbury_Duck Posts: 13,795
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    Your rights are to get the item you paid for or a refund if it doesn't arrive.  Exercising them with SD is another matter, they appear to operate quite differently to most retailers.

    Speak to your card provider about a chargeback.  Why would you think you're owed the postage back, though?  All but one of the items arrived, so the postage fee is justified.  Unless this one missing item was an entirely separate order with its own delivery fee, of course.
  • Okell
    Okell Posts: 611
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    edited 9 January at 2:02PM
    s28 of the Consumer Rights Act 2015 (legislation.gov.uk) says goods must be delivered without undue delay and in any case not more than 30 days after the contract* has been entered into.  If the seller does not do so you can specify a period appropriate in the circumstances for the seller to deliver the goods (I'd give them 14 days), and if they do not do so you can treat the contrcat as at an end and you are entitled to a full refund.

    Tell them this and quote the law to them.

    If you don't want the goods any more, what do SD's T&Cs say about when a contrcat is formed?  Most retailers say a contract* is formed when the goods are dispatched - not before.  If that is the case here, simply tell SD that as there is no contract between you that you are withdrawing your offer to buy the goods and want a full refund.

    The lesson here is not to buy online from SD - they're too difficult to deal with.  On the other hand, I've never had problems instore - their staff have always been very helpful even if overworked.


    *I'm aware of a contradiction here - but hopefully SD staff won't be aware of it...    :)

    [Edit:  cross-posted with Aylesbury Duck.   Explore a s75 claim or chargeback if eligible.  Again quote the law to your card provider or bank]
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