Distance Selling Query

BACKTOBACK

I saw an advert online for a motorcycle and paid a £250 deposit over the telephone and agreed a delivery date of around two weeks.

I was emailed an invoice that says 'deposits on cancelled purchases are non refundable' after i had paid the £250. I thought nothing of this as at that time it was my intention to proceed.

Unfortunately due to unforeseen circumstances i needed to cancel this. I emailed the dealer four days after paying the deposit stating i wanted to cancel under the consumer contracts regulations 2013.

The dealer replied to my email with a further invoice for £250 stating this is the cancellation fee.

Is this straight forward a breach of distance selling regulations or is there some legal defence for the dealer for example by the dealer trying to claim it was a 'reservation fee' or by saying the invoice states 'deposits on cancelled purchases are non refundable' ?

At no point did i enter the dealership. And i had no intention to enter the dealership as when the deposit was paid there was an agreed delivery date.

Thank you for any help

marcia_

https://forums.moneysavingexpert.com/discussion/6673002/distance-selling-query

https://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations-ajWHC8m21cAk

You are entitled to a full refund with no cancellation fee.

Okell

What @marcia said.

So long as you clearly told them within 14 days of delivery to you that you were cancelling the contract, and so long as you have not "excessively handled" the goods, you are entitled to a full refund and they cannot charge you a cancellation fee

See paras 32 and 34 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

The only possible problem i can foresee is if they can argue that it wasn't a "distance contract" within the meaning of para 5 of the regulations - eg that the bike was not offered for sale under "an organised distance sales or service-provision scheme". Were they offering it for sale at a distance or did they expect prospective purchasers to buy in person? ie was it organised as a distance sale?

In any case you have nothing to lose by pushing the argument with them.

If they won't play ball over the 'phone put it in writing.

If they still won't cough up you will need to consider suing. Come back here then for more advice

[Edit: It's always possible that the dealer is not aware of the impact of the law on their sales. Quote the above regulations to them plus these links:

Distance Sales Archives - The Motor Ombudsman

The Ultimate Guide to Distance Selling — Autotrader Insight ]

BACKTOBACK

https://forums.moneysavingexpert.com/discussion/comment/82039391#Comment_82039391

Thank you for the reply. I never took delivery of the item. I cancelled four days after placing the order.

I cant see it being anything other than a distance sale. I paid the deposit by telephone and agreed a delivery date. At no point did i attend the shop.

The dealer is refusing any refund. My first point of call will be the credit card company, but i have to wait 15 days before i can raise a complaint with them

marcia_

https://forums.moneysavingexpert.com/discussion/comment/82040398#Comment_82040398

send the dealer an email quoting the law and including the links given above. Give them a set date by which they must reply before you take further action.

MyRealNameToo

https://forums.moneysavingexpert.com/discussion/comment/82040398#Comment_82040398

There can be a get out clause, as mentioned above, if it wasnt an "organised" online sale. The classic example is the high street shop that never sells online or over the phone but makes an exception for one regular customer who has to arrange their own courier because the shop doesnt have the arrangements to post stuff as they only do face to face sales.

The bar is generally very low and the fact they were advertising it online means it's very likely to be considered applicable.

sheramber

Who is the dealer?

BACKTOBACK

https://forums.moneysavingexpert.com/discussion/comment/82040511#Comment_82040511

So if its advertised online (Autotrader) with the advert saying delivery available. I choose delivery, and arrange a delivery date. Does this mean i am most likely covered?

Okell

https://forums.moneysavingexpert.com/discussion/comment/82041069#Comment_82041069

The on;y issue is whether it was sold "… under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer,…"

If it's advertised online and says delivery available and they've let you buy it over the phone I'd say that's a distance contract.

As a consumer in that situation, why wouldn't you think it was a distance sale with associated statutory cancellation rights?

Go back to the dealer with the info and links I posted earlier.

And who is the dealer? If we know who it is you might get even more helpful advice after we've checked if their T&Cs comply with the regs.

Alderbank

You agreed to a delivery wait of around 2 weeks.

Just to dismiss another possible exemption, can you confirm that the seller was not modifying the bike to your specifications, for example spraying it in your choice of colour?

BACKTOBACK

https://forums.moneysavingexpert.com/discussion/comment/82041184#Comment_82041184

No modifications were made