Buying online

Okell

the_lunatic_is_in_my_head said:

Okell said:

the_lunatic_is_in_my_head said:

... I don't know really but if they haven't all I would say OP is 100% entitled to the extended cancellation rights and return at trader's expense, if, by some surprise, they have put it in a durable medium but it's not on the website then it just casts a (small) bit of doubt. 

Slightly off-topic, but where does the "durable medium" come into all of this?

I know I've previously seen reference to it from @unholyangel and you and others, but where does that come from?

Okell said:

“This is to notify you that I am exercising my statutory right under s29 of  The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)  to cancel order number [insert order number] for a full refund of the purchase price plus delivery fees.

Because your terms and conditions and other sales documents did not inform me of my statutory right to cancel and also did not tell me what the cost of returning the treadmill would be, the law does not permit you to make any deduction for use or loss of value from my refund, and you also must pay for return of the treadmill to you.

I await hearing from you to arrange collection of the treadmill and to confirm payment of my full refund

Alternatively and additionally I am also exercising my short-term right to reject the treadmill under s22 of the Consumer Rights Act 2015 (legislation.gov.uk) for a full refund of the purchase price plus delivery fees as being of unsatisfactory quality because [insert your reasons....].

You are responsible for paying for its return to you.

Again I await hearing from you to arrange collection of the treadmill and to confirm payment of my full refund.

Note that any of your terms and conditions that attempt to restrict or limit my statutory rights as exercised above are unenforceable and unlawful”

I would stick to one or the other  

I know.  I'm happy to go with your amendment as I think the OP has more chance of winning a right to cancel claim than they do a claim that the treadmill is faulty in some way.

My concern was that if they did have a right to reject short-term then they wouldn't want to lose it in case there was a problem with the cancellation claim.   However, I think my approach just makes it more complicated and yours is probably better and more straightforward than mine.

the_lunatic_is_in_my_head said:

I think it should be noted OP you are very likely to face resistance with this and may be required to send a letter before action and then follow through with small claims given the value is around £350-£400 with the return costs. Your legal position is strong as far as I can see but companies who fail to get the basics of the above correct are less likely to honour their obligations freely once it's pointed out what they are. For lesser amounts you'd hope they'd just give in to save the headache but as above it's a more sizeable order value. 

Equally if they don't collect the treadmill you will have to suffer the cost of return and add this to your claim. The CCRs require two actions from the consumer 1) to notify of the intention to cancel 2) to return the goods (unless the trader has offered to collect them). 

I understand this might all seem difficult so you have to weigh up what to do here  

I agree.  The OP needs to know this should be winnable but may not be straightforward.

Okell

the_lunatic_is_in_my_head said:

Okell said:

the_lunatic_is_in_my_head said:

... I don't know really but if they haven't all I would say OP is 100% entitled to the extended cancellation rights and return at trader's expense, if, by some surprise, they have put it in a durable medium but it's not on the website then it just casts a (small) bit of doubt. 

Slightly off-topic, but where does the "durable medium" come into all of this?

I know I've previously seen reference to it from @unholyangel and you and others, but where does that come from?

https://www.legislation.gov.uk/uksi/2013/3134/regulation/16

 

Thanks.

Might start a thread about this...

JON05

Thank you for the replies and this was resolved. I told them I wanted full refund and bit of two and fro but eventually they gave me the refund.