Consumer rights on gym equipment

Sleepless_in_London

About two months ago, I bought a rower and a multi gym online and before I placed the order I had a chat online with the customer rep who made a point of telling me that there was a long lead time (it also states it on the website's FAQ that it can take up to 2-3 months). I was okay with it at the time, but now it's been a few months, I've found something else that is cheaper so I have tried to cancel and request a refund. The store owner says that they have everything ready and will deliver next week.

Is the merchant allowed to refuse a refund at this stage? They said that it has been over 14 days since I ordered, but I thought the 14 day rule starts from when I receive my order, am I right? I paid a lot of money so I'm keen to get it back. Can anyone tell me my rights? Another thing, although I am British, the order is to be shipped outside of the UK. Does that also affect my statutory rights? 

If anyone can help I would be grateful.

Aylesbury_Duck

Where is the retailer based?  The item might be arriving from overseas, but is your contract with a British company?

sheramber

Another thing, although I am British, the order is to be shipped outside of the UK.

I read that as the order was to be delivered to an overseas address.

user1977

sheramber said:

Another thing, although I am British, the order is to be shipped outside of the UK.

I read that as the order was to be delivered to an overseas address.

So did I, but the retailer might be foreign too!

Sleepless_in_London

The online retailer is British. I am British but the order is being shipped overseas.

DullGreyGuy

You need to confirm which jurisdiction applies to the sale, normally it would be English Law if both you and the retailer are based here but its not automatic especially if overseas address are involved. This should be defined in the T&Cs of the website

If it is English Law then you have a right to cancel the order for any reason under the Consumer Contract Regulations within 14 days of receipt of the goods by you or someone you've specified. As they've not even been dispatched yet then clear you are within the time limits. 

Okell

If I were the OP I'd be trying to withdraw my offer to buy the kit ASAP before it gets dispatched to him.

He's not said what the seller's T&Cs say about who bears the cost of returning goods where the contract has been cancelled.  Could be expensive if he can't withdraw his offer (or cancel the contract if a contrcat already formed) before they're on their way to him...

TELLIT01

The OP has said they were advised of a potentially long lead time.  They also stated intially that it is 2 months since the order was placed.  They later state it has been 'a few months'.  Which is it?  The OP also acknowledges that the vendor warns about the lead time in their T&C.

sheramber

About two months ago, I bought a rower and a multi gym online and before I placed the order I had a chat online with the customer rep who made a point of telling me that there was a long lead time (it also states it on the website's FAQ that it can take up to 2-3 months). I was okay with it at the time, but now it's been a few months,

About 2 months ago is within 2-3 months so you agreed to the timescale.

What do they say about  about when a contract is formed. Some are not formed until the items are dispatched.

Okell

TELLIT01 said:

The OP has said they were advised of a potentially long lead time.  They also stated intially that it is 2 months since the order was placed.  They later state it has been 'a few months'.  Which is it?  The OP also acknowledges that the vendor warns about the lead time in their T&C.

All of which is irrelevant if the T&Cs say a contract is only formed on dispatch to the consumer.  If a contract is only formed on dispatch the consumer is free to withdraw their offer to buy prior to the goods being dispatched.  Telling the buyer they might have to wait 2 months gives the seller no protection.

Telling the consumer that there is a long lead time does not necessarily work to the seller's advantage if the seller says a contract is only formed on dispatch.

Hence my question when do the T&Cs say a contract is formed?  

And hence my thread last week here:  When is a contract "entered into"? s28 CRA — MoneySavingExpert Forum