Mail Order Goods and Distance Selling
Is mail order stuff any different?
Absolutely. It’s highly likely that at some point you will have bought something over the phone or on the internet, and unlike buying something in a shop, it’s a situation whereby you are not physically face to face with the supplier. What we are talking about here are the Distance Selling Regulations and it’s important to be clear on what they cover and whether you can benefit from the protection they offer UK consumers.
Distance selling contracts are those which are concluded (you making your order and the retailer / e-tailer confirming your order) exclusively by ‘means of distance communication’. They cover websites, mail order catalogues and all advertising literature (whether addressed or junk mail) and broadcasts communicated via post, email, the internet, fax, TV or telephone (including pre-recorded messages). If you have physically met face to face at any point, or if it is with a shop which doesn’t make a habit of selling in this way, you won’t be covered and should look to Sale of Goods legislation instead.
Under the distance selling regulations, the goods must be delivered or the service carried out within the time period they have specified. If no time period is specified, then the statutory time limit is 30 days (unless you have agreed otherwise). If the supplier is unable to fulfil their obligations within 30 days, they must inform you before the end of the 30 day deadline. They may offer you an alternative date for delivery, but you are under no obligation to accept and are quite within your rights to ask for a full refund.
Traders must provide you with specific information in regard to their obligations and your rights before you confirm your order. This is called pre-contractual (or prior) information and is dealt with in the next section, along with information about invoking your cooling off rights, returns, refunds and replacements.
If you are fed up of junk mailings, phone calls etc, you should also check out the section on the Data Protection Act for more info.
- Know all the facts before you decide!
- Your right to cancel
- Returns and refunds
- Protection against card fraud for mail order goods and services
- I’ve been sent stuff I never ordered!
- Problems with deliveries and collections
Related posts:
Hi,
I was called by a company who claimed they were from Google offering to put my company website on the front page of google for £3.99. I asked the sales person if he was from google which he replied “yes” and asked if it was £3.99 which he agreed. I then recieved a paid inovice from Sherif ratings for £458.00.
I called the company to ask for an immediate refund because i was mis sold the service and has now left me in massive dept. They are refusaing to. Would the distance selling clause apply to this?
Im in real trouble and i’m not sure what to do.
Philip, I’m afraid the Distance Selling Regs only cover business to consumer contracts, not business to business. However, I’m fairly sure you would have a case to claim damages under the Misrepresentations Act 1967. see the opsi website at:
http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1967/cukpga_19670007_en_1
hi,i’d like to ask a question regarding a kitchen tv which i bought on 22nd december from an internet shop,recieved it the next day ,but the remote control doesnt work. The tv has no manual controls so it doednt work at all.I’ve phoned several times to the suppliers but feel like i’m getting fobbed off, beginning to lose faith,as they’ve now had our money for 3 weeks and the tv doesnt even work.There is power to the tv, and we have established that it is the remote thats faulty.Any advice would be good
Hazelmere, if the goods are faulty and haven’t even had the opportunity to use them, you can reject them and get a full refund. Write to them (email, fax OK) giving them 7 days to collect the goods and issue confirmation of refund. If they do not and you paid on credit card (or Visa debit) you can get your money back this way. If not, you will have to pursue costs through the small claims court.
Hi, I purchased a 50 inch plasma tv from Pixmania on 1/1/09 and have still not received it because it is out of stock. Since I initially purchased the tv, it has increased in price by £300 everywhere so even if I asked for my money back, I would have to pay extra to get it from somewhere else. I was told I could change my purchases for something of the same price, but all the tvs that were reduced at the time have all gone up in price so there is nothing the same at £700. Is there anything I can do or should I just ask for my money back? I am frustrated because I could have paid £20 extra at the time for the same tv but the price has gone up everywhere now to £999.
The most you are entitled to is a full refund, as the supplier has 30 days to deliver the item unless otherwise agreed, or is in breach of cantract. You could ask them if they would supply an alternative, higher priced item as a gesture of goodwill, but they ar under no obligation to do so. As an advertised price constitutes an “invitation to treat” they are not abliged to sell you a tv at the advertised price.
Hi,
i have a problem im unsure how to deal with. I recently ordered a fancy dress costume which afer 3weeks was still not delivered so i tryed ringing the company with no joy, I then emailed them asking where my order was but again no reply. So after a another week i emailed them again saying i didnt want the item to be sent anymore and that i wanted a full refund but again no reply. Iam in need of some advice on getting my money back?
Elizabeth, although this is very frustrating, as long as the shop has not incorrectly priced the item or refused to give you a refund, they have not broken the law. I’m afraid there is nothing you rightfully claim, although it’s probably worth requesting a goodwill gesture in view of the inconvenience you have suffered.
Kirsty, Under the distance selling regs, the item must be delivered within 30 days, unless otherwise stated. Have you checked the supplier out to make sure they exist and haven’t gone bust? If nothing further happens, you can get a refund if you paid on Visa Debit, or on credit card and the value was over £100. If you cannot do either of these and they have gone bust, I’m afraid you must wait in line with the rest of the creditors seeking to get their money back.
I am returning a large and heavy piece of furniture that was purchased over the internet but was found to be faulty when delivered. After a long winded email exchange quoting Distance Selling Regulations and Sales of Goods Act the company accepted it was faulty and agreed to organise collection and refund the full price. However, 21 days and two follow up emails later they have not yet organised collection. I know the regulations require refunds to be made within 30 days regardless of the goods being collected but how long I am obliged to retain the goods for? I do not have the space to store the item and assume they are being tardy to delay refunding or just to be spiteful.
How did you pay for the item? If you paid by credit card you should contact your credit card company and tell them. They should be able to advise you, to some degree, what is the best thing to do. You will need to provide them with paperwork to support your claim e.g an invoice and copies of the emails, clearing showing the dates. I suggest that you download a picture of the item you had ordered off the internet, by saving a copy of the whole page onto your computer. Then a digital photo of what they sent you, so should you need to you can use this as a visual evidence.
Then it might be worth while to compose a ‘strong’ e-mail in Word or similar, so you can check how clear it sounds before sending and inform them that you have spoken and sent your credit card company all evidence of the dispute. Tell them if they do not dispatch the correct item immediately then you cannot accept any further deliveries from them as you will have to buy something similar for your holidays immediately.
Also by law they are meant to supply a telephone number on their website so it might be worth phoning them. If they don’t you can ask them for one by email and threaten them with Trading Standards if they don’t supply you with one.
Hope that helps to move it on for you.
Davos, just to quote from our Consumer Guides section on buying online:
Unless you are required to return the goods, and you were informed of this, your only obligations are to make the goods available for collection and to take reasonable care of them while they are in your possession. This is called a duty of care. Where the supplier has made provision to collect the goods, this duty of care expires after 21 days, but where you have agreed to return the goods, your duty of care continues until you do this and could be for as long as 6 months.
I suspect that they are making you wait for the reasons you suspect. Write to them informing them that your duty of care expires after 21 days, but you will still have the right to a full refund plus delivery costs. Request action within the next 7 days (taking you up to the 30 days deadline) otherwise you will start proceedings in the small claims court.
Thank you for your reply. Could you clarify what happens after the 21 days duty of care expires? Can I notify them that I will be forced to dispose of the furniture if it is not collected within a week? The 30 days have passed and I have asked the credit card company to organise a refund as the supplier clearly has no intention of repaying the money or collecting the goods and I have no where to store the items.
Davos, after the 21 days expires, you are free to do whatever you like with the goods! As long as you have confirmation that the supplier has agreed that it is faulty, has agreed to collect it and has offered you a refund, then you can write to them giving them reasonable notice of your intention to dispose of the item.
I purchased a new DVD recorder with freeview from an internet site. It would not access most of the digital channels. This was not a signal problem as I have the same make of television with freeview and that does access the channels. I reported the problem within 7 days and have returned the item as I believe it is faulty but the supplier has tested it and said it is not faulty. Although I am to be refunded they are going to deduct courier charges for both delivery and returning the item. Can they do this and if not what part of the Sale of Goods Act do I quote?
A Walker, Aside from Sale of Goods, if you bought the item over the internet, you have cooling off rights under the distance selling regs. This applies even if you have opened the package because the regs are to provide you with the opportunity to try it out at home. Your cooling off period is 7 days and you must be given a full refund including any standard initial delivery charge. They can charge you for collecting the item but you must have been notified of this in the Ts and Cs before purchase. If you haven’t, they cannot impose this charge. Under Sale of Goods, they do not have to refund you on the delivery charges but cannot impose any fee for collection. Looks like you may have to pay one set of delivery charges whichever path you choose.
I brought a 42″ LCD Philips TV from Amazon. It is less than 2 years old and has developed a fault which makes it unwatchable (it keeps switching itself off or freezing with a blank screen and then it won’t turn off). I have reported this to them and politely asked if it would be possible to have the TV looked at/repaired but the reply I keep getting is
“As my colleague previously mentioned, all electronics item purchased from Amazon.co.uk come with a 1 year warranty from the manufacturer. Please be informed that we currently do not offer an extended warranty on the electronics items sold by the retail stores, unless otherwise stated.”
What would my next step be? Can I use the sales of goods act to get them to remedy this matter or do I need to report it to my credit card company? I can’t believe such an expensive item that stops being usable less than 2 years after being brought (and used carefully I may add) means I will have to pay to have it repaired.
Clive, the warranty is irrelevant, you still have rights under Sale of Goods for the expected lifetime of the product.Inform them that under S.48 Sale of Goods, you are entitled to request that the retailer provide you with a repair at no additional cost and in reasonable time. You are obviously getting nowhere with the first line of defence, so ask to have the problem escalated in accordance with their complaints procedure.
Last week I purchased a bed online from a reputable mail order company. The whole order process was relatively easy with no direction whatsoever by the company to get me to tick or read any of terms and conditions for the sale. When completing the sale / order my money was debited from my credit card straight away and I subsequently received a few minutes later a confirmation of order email with an approximate delivery period.
My problem is now the company are stating that the item was mispriced and that they are cancelling the order based on the wrong price yet they have offered my the same product at a higher price. How do I stand on getting this product at the price I paid. I have contested their reasons for cancellation however they are splurting on they can do this as set out in their T&Cs of which at no point did they make the available / direct me to read on any of the order screens nor on the final payment screen.
Can anyone help me, as I know I am not the only person who is affected by this
Hi there,
I ordered some software from a company online, who I thought were based in UK (had a .co.uk domain, prices listed in Sterling), then found out they are in fact US based! This means the software will have a US license and will be useless to me. I ordered on the 18th March, and the item still hasn’t been dispatched, and the company has ignored all my emails requesting the cancellation of my order (they don’t supply a telephone number, so email is my only method of contact, but they NEVER reply!). They took the money (£398!) from my account 2 days after I placed the order. If I refuse delivery, they will charge me a 50% restocking fee! Basically, they’re scammers, but I don’t know where I stand legally. Do distance selling regulations apply when ordering from the US? Also, this was a business purchase, so I am guessing I may not be covered by these regulations anyway?
I’ve opened a Visa dispute via my bank, so am hoping that this might help to get my money back, but could really use some advice that might help me out!
Many thanks,
Sarah
Jambo, this depends on when the contract was formed. The Ts and Cs should state at what time the agreement becomes a legally binding contract of sale. If it was at the time your confirmation email was sent then they are legally bound to accept the order at that price. If the contract is only formed when the bed is despatched for delivery, then they are able to change the price. However, the company may still have broken the law. See: http://whatconsumer.co.uk/misleading-commercial-practices-unfair-trading-regulations-2008/ for more.
Sarah, I’m afraid your rights under Distance Selling and Sale of Goods only apply to European consumers and European businesses, so you’re right on both counts. Your best chances of success lie with the Visa dispute.
Hi Catriona,
Thanks very much for the reply. That was what I suspected.
If anyone is interested, the company I purchased the goods from are called Bite Size Deals, and they are NOT a UK company, so when they fail to send your goods or you find that the goods they send you are not licensed for use in the UK there’s not much you can do about it other than approach your bank! Fingers crossed that my visa dispute is successful…
How does it work when I’m based in the USA and I purchased a mobile from a company based in the Bournemouth, Dorset, UK? I’m currently in dispute with the company because they’ve taken more than 2 months (sequentially) to facilitate 3 repair sessions (with only shipping back costs to me) for my mobile under the manufacturer’s warranty.
Taking more than a month for repairs falls under Distance Selling rules also?
I’ve already sent post to them (as recommended by Consumer Direct) declaring that the company is in probable violation of the Sale of Goods Act because the good is unsatisfactory, and the company took unreasonable time and extreme inconvenience in on-going repair, so I want an exchange/refund as alternative remedies.
The company continues to deny the latter remedies under the Act stating they’ve been acting promptly and satisfactorily, and somehow that aligns with the good being satisfactory, and the repair time reasonable, and that continuing to physically possess the mobile for repair is okay.
Now Consumer Direct recommends I send a 2nd post to declare that the company failed to resolve amicably, and then I need to file in small claims court. This involves a plane ticket, taking time off from work, finding a place to stay, filing paperwork, and so forth — very high hurdles just to get this company to comply.
Do I have any other more reasonable alternatives or solutions?
You should be able to file a small claims case online, thats what we can do here.
Here is the link to the site :
https://www.moneyclaim.gov.uk/csmco2/index.jsp
My partner (who is a sole trader) was contacted by phone by a charity called Foresters Fund for Children. They railroaded him into taking out an advert, the cost of which he was not told over the phone. Since then, he has received letters from Vardis demanding payment of £400+. My partner has not signed any paperwork. Neither has he seen evidence that his advert has been published.
Please can you advise what his rights are in stopping Vardis pursuing this “debt”.
Are internet auction site sales exempt from the long distance selling regulations?
No ebay and alike are not exempt from DSR regulations. If the seller is a business seller and the item is offered / purchased on a BUY IT NOW, not an auction, listing then you are covered by DSR regulations just as you would be when buying from any other online retailer.
i have recently brought some goods over the internet, i purchased these goods over paypal.
i brought a garment, which was not priced, i then payed the appropriate postage and packaging,
the company then refunded me stating that it was a website fault.
is this correct practice? or am i entitled to receive my goods, as i purchased them at the price stated, it was not a fault of mine that the website did not price the goods correctly.
thanks, k
Most companies have a clause in their terms that state an order is only completed and accepted once the order has been shipped. Although you have made an order / payment, your payment / order is only classed as an offer to buy the goods. The company don’t have to sell it if the item was mispriced, the price you saw was only an invitation to buy, which will be subject to their terms of sale.
hi, I got a mobile phone contract through t-mobile, they called me. the first handset they sent me was faulty so i had it exchanged within the first 7 days and now the second handset has gone faulty with the same sort of faults but tmobile are washing their hands of it and telling me i have to send it for repair as im outside their initial 7 day cooling off period?! surely they have to exchange it as the handset is not fit for purpose, it keeps turning itself off randomly. Is there anything i cao do to get an exchange?
I broughts some dell laptop on the internet from currys, which one of then has now stop working, i was told to take it back into the store and it will be fixed, getting to the store i was advised that the information on the receipt dose not match my dell laptop therefore teh warrant dose not cover the laptop and they dont have to fix it. can someone please help me, can they do this, i did not notice that i was sent the wronge goods.
Hi there,
My husband bought a Dell Vostro which is 11 months old as an upgrade on an insurance claim to replace a previous Dell laptop (who’s battery caught alight). The screen of this fairly new laptop was damaged a few weeks ago when my husband rotated the laptop by using his thumb and index finger on the mid right hand side of the plastic screen surround so that he too could share the article that I was reading on the net. We returned the laptop to Dell who claim that the damage caused to the laptop is not covered by the warranty which expires in July and they wish to charge us £160 plus VAT for repair.
I would like to know what our statutory rights are as we are now left with a redundant laptop which is less than a year old. We do not wish to replace the screen for a similar one in fear that this happens again a further 11 months down the line. Can you please advise?
Technically the fault has come about by mis-handling aka customer neglect. Even if only an accident. The turning of the laptop by the monitor caused a non manufacturing fault therefore any manufacturer will decline any warranty repair, particularly when it is not a manufacturing fault. Your best bet would be to see if are covered for the damage on your home insurance or any policy still running for the laptop itself.
I purchased an iPod Nano from Comet 21 months ago, after 18 months of use it has failed. I wrote to them quoting the Sale of Goods Act and asking if they would repair/replace/refund. This is the reply I received.
“The Sale of Goods Act 1979 (as amended) does not require goods to remain fault free or fit for purpose until the end of their accepted working life. It only holds the retailer responsible for faults present at the date of purchase. It does not hold the retailer responsible for faults that develop after purchase, as the Act is not the equivalent of a guarantee.
As the iPod was purchased more than 6 months ago, the Sale of Goods Act 1979 (as amended) requires the purchaser to prove that the fault was present from the date of purchase. In the circumstances, we are unable you meet your request for a free repair or replacement.”
Is this correct? What can I do?
As Comet have mentioned you need to prove that the fault has existed since you have owned it, such as previous repairs or exchanges performed due to faults.
IF the retailer specified a warranty period of 12 months they have met their obligations. If no period was specified at all stand your ground and seek a repair of the item. However, most retailers will have a 12 month warranty as specified on their receipt or supporting documentation. I would seek assistance from the manufacturer and see how they are prepared to help, most manufacturers, such as Apple, offer a 24 month warranty. If such warranty exists it would now be between consumer and manufacturer, so any returns would be at A) your cost B)dependant on the warranty information supplied on the documentation by the manufacturer with your Ipod Nano.
I bought a Japanse style dress from a website that was in a sale. Unfortunately, when it arrive it doesn’t fit. I’d like a refund. The company’s website says that it only issues a credit note for returned discounted goods and that it charges a £5 restocking fee for returns. Does this mean I won’t get my money back?
hi
i orderd a lap top from cex.com on line.and payed by visa debt card i have emailed the company asking were my laptop is. they havnt contacted me.they have no contact numbers.it has been 3 weeks now and still no contact or my laptop. do i have wrights and what steps to i need to take to get my money back.as am aware the company is still open and trading ect.thanks Colin
Can you please help?
Approx. mid duly I was sold a satellite box repair warranty over the telephone from a Company in Liverpool. The inference was that they from Sky although this not specifically stated. I was told that I would be sent details through the post. Also. I was told that I could cancel this agreement at any time that there was no minimum contract period. After about a week had elapsed, I still had not received any details fropm them but on checking my bank account I discovered that the direct debit mandate had been presented so I immediately cancelled it. I did not have any contact details from this Company by which I could have informed them of my action.
On 11/08/2010 I received a phone call from them as a result of my cancellation of the direct debit. They said that the contract was for a 12 month period. I contended that under the distant selling regulations I was entitled to a cooling off period and had decided to excercise my right to cancel.
I also wrote to them confirming my decision. I posted the letter on 12/08/2010.
On the 16th August 2010,I received a Warranty Certificate from them which stated the start date as 1/08/2010.The expiry date is left blank. They also enclosed a list of their terms and conditions. I wrote by return mail saying that I was not bound by their terms and conditions and restated my decision to cancel the agreement.
Tody,18th August 2010, I received a letter,dated 13/08/2010, from them stating that I entered a legally binding contract with them and that i was obliged to pay for twelve months. They have offered to waive this if I pay them a cancellation fee of £25.00. I am loath to do this as I believe that they are in contravention of the legislation in this situation. They actioned the direct debit without providing their terms in writing.
The return address on one of their envelopes is that of another Company in the same vicinity which, according to an internet search, has been involved in what seem to extensive illegal selling practices. I believe that I could be dealing with the same people who operated this other company.
When I told the person who telephoned me on the 11th August that I had still not recceived written details from them, His comment was that ‘I was not thier only customer’!
I feel somewhat foolish for agreeing to this contract over telephone without knowing anything fo this Companu but I was distracted at the time and really believed they were associated with Sky TV. It was only later that I started to have doubts but Iwas not overy concerned because I believe I had the wriht of a cooling off period.The Company in question is well known To Sky and they state that they are not associated with them.
I bought a computer over the internet. On opening it did not have either the software loaded that was agreed upon nor did it have a guarantee which the seller claims it has. The seller insists that he has a deal with Sony but I have been unable to get this information from them.
The seller says that he will refund my money minus 15% restocking fee which I believe to be incorrect under the sale of goods act. However more to the point is that I am unwilling to pay postage twice for goods that were not as advertised – and I am very unwilling of taking the risk of returning the computer without the refund first. After all, the computer was not sent to me until after my funds had cleared.
For a refund to be processed the goods need to be returned, however as the seller has missold you an item where it doesn’t meet its description you can demand that they pay for the costs both ways or arrange collection of the item at their own cost.
As for the restocking fee this itself is illegal as you are not at fault, unless the description stated that the computer comes with no software. The first 12 months guarantee lies with the seller under the sale of goods act so they cannot pass you over to the manufacturer.
I would contact the seller again and inform them that they are wholly responsible for the item and a full refund including any return costs all without a restocking fee. If they refuse to honour the legal obligations I would contact consumer direct at http://www.consumerdirect.gov.uk/contact?action=complain and make an official complaint. If you paid by credit card and the value of the purchase is over £100 your credit card company have an obligation to resolve this matter too. Therefore, I recommend that you contact your card provider also.
I bought a viera plasma TV from the above company as it was advertised with a 5 year warrenty.Because we are a low income houseold of three sisters we wanted peace of ming so bought from this company rather than PLAY.com who had the same set but with 1 year cover…No warrenty arrived so I complained and was sent what appeared to be a warrenty to forward to Panasonic who in return told me no warrenty existed as they did not deal with this company..Many emails to and from the comany who told me it had been sorted but still no warrenty and when the set developed a serius fault Panasonic told their engineer that we were not even listed..Because I had proof of when I bought the set they did repair it free of charge because of the years gaurentee but it is about to ru7n out and I still have no 5 year warrenty..We bought the set because we had a little bit of luck on the Irish Lottery and we are film and sport lovers who love our films and such and we never really go out so it was an ideal gift to ourselves for Christmas…Can you please help and advise..
Hi
My aunty has been sold online support by a company based in India at techsupportonline.in
They cold-called her and told her that her computer had errors which they could fix. They then linked in via LogMeIn and ran a reagistry cleaning tool, informing her that there were over 1000 errors which they had fixed.
They then offered her a 4 year plan of support for £230.00. I still can’t believe it but she paid up there and then by credit card via their website.
My question is, does she have any rights to cancel the agreement and/or get her money back?
I am an IT professional and I know that much of what they told her is nonsense. She has nothing in writing apart from an email confirming the payment via moneybookers.com.
I would be very grateful if someone could clarify her position.
I ordered a makeup palette from a makeup company via Facebook. When the palette arrived two of the eyeshadows were broken, and part of the palette was broken too. When I raised this with the seller, she told me that all her photos had a disclaimer at the bottom, that if a product was broken during delivery, the company could not be held liable for this. I had not infact seen the disclaimer initially but it is there. However, I did not formally agree to her terms and conditions either and she did not bring this to my attention during our ‘e-dialogue’. Is the disclaimer within the law? I can’t seem to find anything relating to goods damaged during transit. Also, I only have her word that the item was in good order when she posted it.
Up until the point of delivery the seller is responsible for the items safe arrival. Depending on where the seller is located and how you paid you should be able to make a claim for faulty upon arrival. This is even despite their disclaimer on the website or pictures.
I recently saw an advert for LED TV’s on a reputable website at a specific price, I placed an order and my credit card was debited. I also received a confirmation email of my order and of my received payment by the seller. After which, the advert was withdrawn and the seller contacting me via email saying the advertised price was an error and now the goods were only available at the correct full price-not the lower price I saw and paid. My money has been refunded to my card-without my permission or without me giving the card details again. Does the seller have the right to withdraw after accepting payment, and therefore not supply the goods at my purchased price?
Thank you for any help or advice in adavnce you may offer.
Steve
Steve
The seller is within their rights to cancel the transaction as any price on their website just merely an ‘invitation to treat’. Unless you receive communication that they have despatched the goods the seller can cancel the order when required. A refund can be applied without authorisation from you.
Have a look a the seller’s website and see if they have any terms of sale that state when the order is concluded and accepted. Normally this is when the goods have been despatched or you have been informed of such.
I bought a Nikon camera in July from a London seller on ebay, for £540, advertised as ‘brand new’. The camera arrived without Nikon’s warranty card, and when I registered with Nikon for an extended guarantee they mentioned that the serial number indicated it wasn’t a UK model. Nonetheless, they registered the guarantee, and I also bought insurance for the camera with Homeserve, their affiliate. The camera was faulty, and now I’ve sent it to Nikon for repair, they say it’s not covered by the warranty as it’s not a UK model and the ebay seller isn’t recognised by them. Homeserve also say their insurance is therefore ineffective and will refund my premiums. Nikon want £100 to fix the camera. I mentioned the fault to the seller in July, who didn’t respond. Should I now pursue the seller, rather than Nikon? And can I ask to return the camera for a full refund, since it’s not guarantee-able? What are my rights? And which is the relevant Act?
Bernard
It is the seller’s responsibility to honour the first 12 months warranty. If you paid for the purchase via paypal with your credit card you can seek assistance from your card provider as the purchase is over £100. Nikon accepting to register your extended guarantee despite the camera being a non UK model clearly have accepted and entered a contract with you, I would also pursue Nikon to honour their commitment.
You have clearly been missold an item by the seller claiming that the item has a guarantee, however as I mentioned the first 12 months is the seller’s area of concern. Misleading information when selling comes under the sales of goods act.
My mother recently purchased a toy online for my brother’s Christmas present. She has since been contacted by the company selling and informed that due to an erroe on their side, the item had been wrongly priced and she now is expected to pay almost the same amount again. Surely if she paid the advertised price, the seller is legally obliged to forward the product?
I recently purchased ‘bespoke’ wedding shoes (and when I say bespoke, I mean I picked a shoe, colour and heel height and a company made them) – when I received them they were not as pictured and did not include a diamonte clasp, and were of very poor quality (I will now have to go find another pair after waiting 8 weeks for these) The seller is now refusing to give me a refund as they are a ‘bespoke’ item – can I get one as they are not as described (missing the clasp) and of poor quality? what are my rights here?
Hi Lynsey
Companies will often try and cloud the issue by talking about items that are ‘bespoke’ or custom made. However, your basic consumer rights are that items should be as described and of satisfactory quality, which your shoes clearly aren’t.
Basically speaking, unless they can supply the exact shoes they agreed to or supply the missing bits, they are required under The Sale of Goods Act to refund you in full.
hi i received a laptop that i did not order. the company who sent it says as i received it and didnt send it back that i am liable to pay. does this fall under the unsolicied goods act and can i keep it as an unconditional gift?
Hi Andy
This is indeed unsolicited, provided there is no paperwork signed by you. If you haven’t ordered this it counts as an unconditional gift. My advice would be to write to them stating this and also that any further demands for payment would be deemed as harassment.
I recently purchased a mobile phone (pay as you go, thus not on a contrac) online. The phone was priced very competatively. I received an e-mail to confirm my order and the phone model that I would recieve.
However, when I received the phone it was a different model, significantly inferior. Payment has already been taken from my credit card. I am only willing to accept the mobile phone I ordered or one of a higher specification.
What should be my next step.
Hi there
Technically here, they are in breach of the ‘Sale of Goods Act’ by sending you the wrong phone. However, you wouldn’t be entitled to a phone of a higher specification, only the one you ordered or a full refund and they have 30 days to do this from when you purchased it.
Hope this helps, let me know how you get on.
Hi
I bought a bike online, which developed a fault shortly afterwards. The seller sent out a spare part for my local bike shop to fit, which turned out to be the wrong one. The correct part was supplied after three weeks, during which time I had to make other arrangements to get to work and incurred extra cost in doing so. The supplier has refunded me the cost of having the part fitted but is refusing to cover my out-of-pocket expenses, saying the supply of the wrong part was unfortunate but not a deliberate error. Am I entitled to this additional refund?
Hi Geoff
The Sale of Goods Act does state that sellers are under obligation to repair or replace goods within a reasonable time and at their own cost. However it does not state what ‘reasonable time’ is, though you could argue you have been put to significant inconvenience, if you can argue this sucessfully, you should be able to claim any out of pocket expenses such as any for essential travel.
I ordered a ring from an on-line jewellers, they did not fulfil the order within the stated time given on their site so I contacted them and cancelled the order, by e-mail and recorded letter.
They are claiming that the distance selling regulations do not apply as the ring is a custom item as the size is outside the normal range of their stock, they say this is stated in their terms and conditions.
Are they correct?
Hi Ian
What I think they are trying to say here is that the statutory ‘Cooling off period’ doesn’t apply as your purchase been custom made for you. However, this is irrelevant as they have not delivered your purchase, if they haven’t delivered within the specified time frame, you are entitled under The Sale of Goods Act to rescind the contract and get your money back.
I would just write to them and quote the Sale of Goods Act. Hope this helps, let me know how you get on.
I recently ordered a GPS watch online (very competitively priced)from a large retailer. I received an e-mail acknowledging the order and three days later a further e-mail confirming dispatch with DHL.
I didn’t hear anything for a few days and the DHL tracking number wasn’t updated. I started to chase and to cut a very long story short, 3 weeks later was told that the item was out of stock, they didn’t know when any stock would be coming and the only thing they could offer was a full refund.
I checked their website and the product was still offered for sale at the same price and I was still able to place an order. They said it was an error and it would be rectified.
The next day, the product was still offered at that price and I have since found out that somebody ordered one and received it the very next day.
Where do I stand? As far as I know I haven’t received a refund as yet, but I really would like the watch as it was at such a good price. Any help would be appreciated.
Hi,
I placed an order at asos.com after Christmas and my order was despatched on 02/01/2011. I checked my asos account the same day to track my order and found that many of the items I’d ordered had been further reduced. Do I have the right to ask Asos to charge me at the new cost of the items as they decreased the prices before they had despatched my order?
Akeela
I ordered a TV in their sale on Boxing Day which hasn’t arrived. They’ve now sold out of said TV They’ve told me they’ll give me a refund which I won’t accept as I can’t get a TV with the same spec for the price I paid for the one from amazon. I told them I want a similar TV with the same spec. Am I entitled to do this?
Hi Darren
I’m afraid sellers are only required to deliver goods or refund your money within 30 days. Unfortunately, there is no requirement for them to provide a similar item as it may not be possible for them to do this, due to circumstances beyond their control.
Hi Nick,
Good of you to try help others, I am sure it is appreciated. However, your advice on the need to fulfill the order in this and other similar cases is wrong. In terms of Contract Law, when the contract has been established (invitation to treat, offer, offer accepted), then both parties are bound by the contract. If the seller cannot fulfill the contract (e.g. because stock is no longer available), if the buyer insists on the performance of the contract the seller must offer a product of same or higher value/specification. Where a seller is unwilling to do so, the buyer can ask a Court to order to seller to fulfill the contract.
Hello,
I purchased a dree from rarefashion.co.uk on the 28th Nov 2010. I have never recieved the item and I have contacted the website numerous times. On the 10th Dec they sent me a parcel number to track. I emailed them back and advised it showed as delivered on the 7th Dec (which it had not been) and I requested them to look into this or refund me. They emailed back and said they would look into it but as the outfit was for an occasion the following day (11th)I advised them unless I was going to recieve the item the next day it would be no use looking into this and to refund me instead. I have since then had no response from them at all. I contacted them again on the 10th/13th/14th/15th/17th/21st Dec via email (as this is the only form of communication) again with no reply. There is no contact number for this company so I wrote into them on the 24th Dec and again I have still had no repsonce. I’m not sure what else I can do. Can anyone help?
Thanks
Hi Liane
I work for an internet based company so I have some experience of your particular situation.
Under the ‘Distance Selling Regulations’ which form part of the Sale of Goods Act, sellers are required to deliver goods within the time period specified. Where none is specified, goods should be delivered within 30 days unless agreed otherwise. With regard to the notification that your purchase has arrived, unless they have your signature, this means nothing.
In this situation, if I were you I would simply write to them stating the Sale of Goods Act and distance selling regulations and asking for a full refund.
Hope this helps Liane, let me know how you get on.
My wife and I have a potential issue looming and just wondered where we stood in terms of rights/next steps etc.
My wife ordered a bracelet online, for which she has been debited, from a reputable seller on 1/1/11. The estimated delivery, for which she was charged £4.95, was 3-5 business days. Two weeks later we are still yet to take delivery of the item. We have contacted the seller, who were understanding in fairness (hence me not naming them at this point) and blamed a backlog with Royal Mail.
On checking their website, I note their new delivery estimates are 5-7 working days for delivery costing £4.95. This has obviously passed too. Also while perusing their website I note they state they “cannot be held liable for non-delivery”.
We intend on calling again to chase things, but wondered what our approach should be and where we stand from a rights point of view?
Thanks for any responses.
Kind Regards
Miles
Hi Miles
I work for an internet based company so I have some experience of your particular situation.
Under the ‘Distance Selling Regulations’ which form part of the Sale of Goods Act, sellers are required to deliver goods within the time period specified. Where none is specified, goods should be delivered within 30 days unless agreed otherwise. In this case, if you have been specifically informed what the time frame for delivery is, the seller is required to honour that, as they have not, you can rescind the contract and ask for your money back.
My advice here would be to contact them in writing informing them that should the bracelet not arrive by 31st January (30 days from when you placed the order), that you wish to cancel the order and receive a full refund.
Hope this helps Miles, let me know how you get on.
Hi Nick,
Many thanks for your reply. We have managed to resolve the issue fortunately. The company were very understanding and sent out a replacement immediately on special delivery, which has since arrived. The original is still nowhere to be seen – so well done Royal Mail…
Anyway all is well now. Maybe I was just assuming that all companies would be difficult for non-delivery and they have certainly restored my faith in them by acting quickly after I made contact once more.
Miles
I recently ordered something online from a company in the sales. I noticed in their terms the following:
Please note that we are unable to refund any returns or exchange on any made-to-order, bespoke or SALE items. These purchases are non-returnable and non-refundable.
Under the distance selling regulations am I still able to get a refund within the cooling-off period?
Thanks.
Recently a friend of mine took up an offer which was sent to her by Groupon. The offer was for a two night stay at the Royal Bath hotel in Bournemouth. In the original email it clearly stated it was two breakfast’s and two dinners. On phoning the hotel to make her reservation she was told that the email had a mistake in it and that the offer was for only two breakfasts and one dinner. Subsequently an amended email was sent out from Groupon.
My question is that as she took up the offer based on the first email can she insist that they honour it.
Any replies gratefully received.
Ron
The seller or their agents cannot change the terms of the contract once formed. As this contract is clearly formed, the other party have to fulfill the terms, even if their offer was a mistake. This is none of your concern. If they refuse to fulfill their end of the bargain, get in touch with your local Trading Standard Office or Consumers Direct.
we ordered a set of bunkbeds from the catalogue in the sale just after christmas, we were originally given jan 28th as delivery date, we were then given 7th feb, we did not mind waiting as we have not yet moved into our new home and they were such a bargain price. we recieved 2 letters the other day appologising for the delay, again not a problem. then today we recieved another letter stating they cannot get anymore stock and have had to cancel the order. the said bunkbeds are in stock but back up to full price (nearly £100 more) and under a different catalogue number, i have read the description and they are exactly the same. do we have a right to ask them to send us the bunkbeds at the price we ordered them at?
Hi Liz
If they didn’t take payment, then they have no obligation whatsoever. However, if they took payment, you need to check their terms and conditions and establish when a contract is actually formed; on accepting payment or on despatch of goods. If the contract is formed when payment is taken, you have a case; if on despatch you haven’t.
This is underhand behaviour on the part of the catalogue, but they often do that. Immoral but not illegal I am afraid.
Write to the CEO with as much detail as you can; they might be embarassed into doing something to maintain goodwill.
Good luck.
Purchased a camera 11 months ago, but the battery door has broken – with only one month left on the warranty. Is the retailer responsible for the repair, or do I send it to the manufacture?
Hi Jay
Your contract is with the seller and you should contact them in the first instance. It is very likely that the repair will be fulfilled by the manufacturer, but your seller should point you in the right direction or carry out the repair.
Good luck
I bought a laptop case online, after 3 weeks it broke. The company has a 14 day refund policy, as the case broke after 14 days they will only replace it, not refund it. Can I demand a refund? Can I claim under the Sales Of Goods act as not fit for purpose?
Hi Matthew
You have a Statutory right of return upto 30 Days from the day you receive the Goods. This is part of the Sale of Goods Act.
If your retailer does not comply, get in touch with Consumers Direct and/or your Local Trading Standards Office. You have an absolute legal right despite what the terms and conditions of the retailers say.
Good luck.
Hi Matthew
Just to add to my earlier reply, I was of course referring to faulty goods. You have a right to decide whether you want a refund or a replacement. The seller cannot insist on a replacement only. In fact in cases of manufacturing defects, you can seek a refund upto six months after purchase.
I am considering buying an item of clothing from an online retailer based in Belfast (I am in England). The item is in their sale at a 50% discount. Their returns policy states that:
- All sale items are final sale unless faulty where a credit or refund will be issued.
Obviously I haven’t seen the item in question, and I have no idea if it will fit or even if I will like it. I was just wondering whether they are allowed to refuse to accept returns just because an item has been sold at a discounted price?
Hi David
Not very familiar with Northern Irish law. However, if the Sale of Goods Act applies to them then so does the Distance Selling Regulations, which allows you reasonable time to inspect the goods ordered, usually seven days.
Sorry can’t be more helpful; hopefully someone out there knows the applicable laws a bit better.
Good Luck
Hi
I bought a pair of shoes from Halfcost.co.uk they have been worn by a teenager for 6 days at school and the soles have almost worn down in that short time,i didn’t expect them to last,but i did expect them to last longer than 6 days,i’ve emailed the company and this is their reply below,what do i do next,thank you
Dear *****
Thank you for your recent e-mail.
Sorry to hear that the rubber soles of the Golddigga shoes have worn down. We have sold a large quantity of these shoes and have not encountered similar complaints, as such we do not feel that the item is faulty. They could have worn down quickly due to some kind of incorrect use. I’m afraid we would not be able to accept them back in this condition.
Sorry for any disappointment caused by this.
Regards
Darryl
HalfCost Customer Care
Hi Amanda
I would suggest that Halfcost are trying to fob you off. There is clearly a manufacturing defect with the shoes. I strongly suggest that you contact Consumers Direct, who will be able to assist you in obtaining a refund.
The fact Halfcost may or may not have had previous complaints is totally irrelevant. The question is whether the shoes you purchased have a manufacturing defect. There are many retailers who will try to absolve themselves of their responsibility by making statements which appear to give you less rights than you actually have.
Good luck.
Hi,
I ordered a nokia N8 phone on a contract o=through internet from Dialaphone but also am aware Nokia provide a 1yr warranty. However, despite contract start date was in November 2010, it has developed a serious fault which nokia repair centre states can not be fixed and is not covered under warranty. Please clarify if I can get a replacement as I seem to be lost what to do since its an 18 month contract!
Thanks
Hi Mujtaba
Would need to know what is the fault? And why it is not covered under warranty? Did the fault occur through misuse, including upload of unauthorised firmware?
DEAR XXXXX,My wife purchased for me ,before xmas 2010 a stainless steel,with a plastic bossed CR-V emblem spare wheel cover online.due to one thing and another(snow mostly) I did not try to fit it untill recently.The cover etc are the correct size for my wheels.But after 3hours myself & friend could not fit the two items on my car.The stainless steel covers lock does not work correvtly,and the bossed centre will not fit.When I phoned the supplier I was told to tie the centre boss up with tape.they said they could not help me,due to the time delay.So I am left with a item I cannot use or sell which cost £112.80.can I do anything about this?.
Hi there,
I’m looking for some advice
My fiancee recently ordered two bespoke embroidered wedding gowns for her amd her bridesmaid as we are getting married soon.(£65 she paid I think)
She specifically ordered a size Small/Medium through the companys website expecting a size 8/10 or 10/12 at a push to arrive but what arrived was a massively oversized 12/14.
The gowns are far too large for both her and her bridesmaid so she had emailed the edinburgh based company to see if there has been a mix up with her order and that surely a size 12/14 cannot be considered a size S/M.
It does not state the exact size of a S/M M/L L/XL on thier website and they have emailed her back saying that as the items have been custom embroidered with thier names etc.. then they cannot be refunded…
I’m interested to find out our rights on this matter
Thank You
Hello,
I bought a Palm Treo Pro phone from Amazon UK with 1 year warranty. In 6 months the phone would restart regularly for no reason and in the next 3-4 months it went dead and would not start. amazon directed me to Palm. I called Palm but for over a year now they keep giving me numbers to call where no one answers. Now it is out of warranty. Emails are not answered. What options do I have left?
Hi,
I purchased some shoes from a shop in the US, they arrived and though they are my size they are far too big.
I contacted the store and they informed me all sales are final as it’s an international order and sent me a link for their terms, where it stipulates this.
The shoes were over £100 and I want to return them at my cost but they’re still saying no. I’ve just received them today so I’m within 14 days.
Have I got a hope?
Hi
I wonder if you can help, I ordered an item of clothing from an online only store and waited 2 weeks for it to be delivered. It finally arrived yesterday and it is a completely wrong item, not even similar to what I ordered and its of a lesser value.
I have sent a few emails to the company but they have been ignored and when I looked online about this company they have hundreds of awful reviews from previous customers stating terrible customer service and even when items were sent back they never received a refund..
I am going on holiday in a few weeks and this item was for the holiday, what rights do I have to demand the item I originally ordered because I have a feeling that if I send this unwanted item back they are just going to ignore me.
Kind regards
Hi all,
I was given a Dell laptop from my dad for Christmas 2009. It’s been great. Although has had a warranty replacement of the motherboard within the first year.
The laptop froze this morning and I reset it (held in the power button for 5 seconds), now the screen has got white permanently. The laptop still loads up and works, but there is no display. It still works when connected to an external monitor, so according to Dells website, will probably need a screen replacement.
As it is only approx 18 months old, should Dell be replacing the screen for free as it is not fit for purpose?? Or hasn’t lasted a reasonable amount of time???
I purchased a ticket from PO Ferries online, within 24 hours i wanted to cancel, but they advised me that the journey was non refundable. Are these contracts covered under the Distance Selling and is there any kind of cooling off period with these contracts
Please,can you help.? I purchased and paid for a lawn mower from a company on the web called Worldstores Ltd,based in Twickenham.They state in their webpage ,next day delivery,no never happened.I waited a further 2 days,nothing,I tried phoning to be told by a answer machine due to the high volume of calls it would be best to email,and did,and a reply would be sent within the hour.Nope,never happened,this sent alarm bells ringing so I had a look through google,and to my horror this company,albeit stll having a large web advertising site,have let many many customers down by not sending goods paid for,not replying to phone calls or emails.I paid by my bank debit card,Do I have any redress and how do these people get away with it and still be allowed to advertise on the web when it’s plain they are nothing but scam merchants. Please,what advice do you offer,? I live in Scotland,so it’s distance selling by misrepresentation,am I correct. What to do now.I am so angry.
Hi,
I ordered an item on the 9th of May, explaining I was moving home on the 17th and to deliver to whatever address is convenient. They delivered an incorrect item, not what I’d ordered. I paid postage and returned it, again, with a note of my new address in bold. I’ve had several email communications with them and in each instance have stated my new address. I believe they’ve had it signed and delivered to my old address. Am I entitled to a refund or to have another one sent to me?
thanks
dear sir/madam,
Purchased a phone online. And it turned out to be faulty. So this was replaced about 2 weeks ago. Now the replaced phone is faulty as well. However, the supplier now will not refund me the cost of the product, as I wish to return the product.
They suggest that under sale of goods a 30 day limit applies.
Am I stuck or is there a law to obtain refunds?
thank you very much.
Hi if i want to but sumthing online and seller has made a mistake and advertised cost of item as £0.00 and just a fee for delivery do they hace to honour that or do they not have too
Hi – I was wondering if you could help… I have just purchased 4x cameras for use at work but the supplier has sent me 4x laptop mains adapters even though the description on the order & invoice clearly states “camera” – I have spoken to the supplier and they have told me that they need to start an investigation into what’s happened and will contact me to arrange collection of the power adapters. My question is having taken the payment & delivered the wrong item are they obliged to supply the correct items (the cameras) or can they just say they made a mistake and offer a refund?
Hi
Can someone answer a (possibly very simple) request? I’d like to know which rights I can quote for the following situation:
I very recently bought a computer game off of the “steam network”. It is a virtual good (ei – no physical DVD, just a download). But I’ve now realized that due to my computer being out of date the game does not work. On the Steam website it states –
“As with most downloadable software products, we do not offer refunds for purchases made through Steam – please review Section 4 of the Steam Subscriber Agreement for more information.”
http://www.steampowered.com/index.php?area=subscriber_agreement
So they state essentially: No Refunds. Surely this is against my rights or? When contacting them regarding this matter which of my rights can I quote? Sales of goods act?
Thank you!
Hello, I’ve bought a brand new laptop from TV Ideal World site, payments over 4 months special offer. The day it arrived it wouldn’t work properly or respond, when I called customer services they gave me a number to call (which was ACER the USA manufacturer) stating it was their problem. Despite requests & promises received of I.W. manager attention to resolve, I got no help from Ideal World. After a few days I wrote & rejected the laptop, demanding full refund or replacement laptop, after several weeks got reply saying it was being addressed but I’d already been forced to get help to operate laptop (nothing physical interfered with). A few weeks later, still getting problems, tried sysytem restore & pc stopped working. Told Ideal World twice on phone matter in dispute, wanted replace or refund, promised manager would call me but no contact. Received debt collector letter threatening court action, contacted these who stopped action & wrote to Ideal World telling them they must resolve dispute. Ideal World made no reply to them, not replying to me, no word of replacement or refund, “new” laptop here U/S and I’m out of pocket 150 pounds though refused to make final 2 payments.
HELP!!
Hi,
There is never any adverts on the front page of Google, and if there was it would likely be £100’000′s not £3.99!
This is a con, plain and simple, and if it was me I’d be on the phone to the police right away!
Cheers.
I purchased a fairly expensive laptop but it was scratched. I tried asking the seller to replace the scratched part but they say the casing/cosmetics are not under the warranty. What can I do? Can I make a complaint using the sale of goods act?
If the laptop was purchased as Brand New, you have a right to reject the good, this has nothing to do with Warranty. However, if some months later there is a cosmetic defect, this would normally not be covered under warranty.
hello i was wondering if you can help. a website was advertising a sewing machine at £0.00 add to basket puchase price so i put it to basket and followed through to checkout i was asked to pay £4.00 delivery as the order was under £30.00 my order was acknowleged and accepted and i was given a reciept and advised they would contact me with a delivery time. the next day they decided they did not infact want to sell the machine for this price and refused to send me the goods. and have since taken the add to basket button off the page.surely they are not alloud to refuse to send me my order when it was accepted and acknowleged i have all paper work which states the same. in their terms and conditions it does state they have the right to refuse a sale but are bound to contract if the order is accepted and payment made please help.
You need to check their T&C carefully. You need to establish when the Contract of Sale is formed. If a contract has been formed, they have to fulfil their side of the contract. However, because the value of the item was £0.00, it may be considered in contract law that the price was ‘vile’. The only way to get a supplier to fulfil contractual terms is to take them to the Small Claims (County) Court. I tend to find most Trading Standards Officers are loath to get involved in these small cases and often give benefit of doubt to the seller.
My personal opinion, without having access to all the facts, is that this contract would be hard to enforce.
what are my rights for the above
Could you please explain the geographic jurisdiction. The Consumer Protection (distance selling) regulations obviously apply when a UK/EU trader sells to a EK/EU consumer. However do they also apply when a UK/EU trader sells to a non EU country?
@ Sarah
Clearly the price was a mistake and as with any pricing it is only an invitation to treat ie an offer to buy. At no stage is the retailer obliged to sell, or in this case give, you an item for Free or any price other than what they sell it for unless they confirm when the contract of sale was formed, i.e. when the item is actually dispatched.
The retailer is fully within their rights refuse the order based on what seems a clear mis-price. I personally believe your expectations of getting something for free, albeit bar a delivery charge, is somewhat unfair.
Distance Selling Regulations do not apply when either party is outside of the UK/EU.
I;d be very grateful for exactly where it says that in anything official as I can’t find it and would like to see it.
I don’t disbelieve you ! but I could do with the evidence – or if it is derived ‘logically’ from where it says it is only within the UK/EU
many thanks
@ Karla Try this it may help
http://ec.europa.eu/consumers/cons_int/safe_shop/dist_sell/index_en.htm
Thanks Albert
I have read legislation until I am blue in the face. Maybe I am getting punch drunk and can;t see the wood for the trees now!
I am pretty familiar with the DSR anyway. I always assumed that as I was situated in the EU that I had to obey the DSR when selling outside of the EU…. but according to One-Deen this is not so.
So this issue I am interested in – it would seem to be an inference (?) rather than it being clearly stated !
Hi
Distance Selling Regulations (DSR) are an extension of the Sale of Goods Act 1979, enacted by an Act of Parliament of the United Kingdom and thus can only only apply to UK citizens and companies that operate in the UK.
DSR have also been incorporated into many EU regulations on trade and competition. EU laws and regulations can only apply to citizen of Member States and companies that operate in Member States (and EEC area).
Hi, I paid £945 for a Macbook Pro from the website my-storeonline.co.uk on October 7th. I paid with an online bank transfer into the website’s bank account and the payment cleared the same day. I e-mailed to ask when the product would be dispatched and received a reply a few days later saying it had been dispatched and I could expect it to arrive within 2-3 days. 10 days later it still had not arrived, so I e-mailed asking if the order could be tracked. I recieved no reply. I have sent lots of e-mails since, asking where the product is and if it has not been sent could I have a refund. Most of my e-mails went unreplied; after about a month I received a reply saying they had “opened a case” with the supplier and would get back to be within 48 hours. 8 days later I had heard no news so e-mailed again, no reply, and no reply to any further e-mails. 6 weeks has now passed since I made the bank transfer online, so how can I claim my refund if the website does not answer my e-mails? I have no other contact details. Thanks in advance for any advice you can offer.
Hi
You have most likely been victim of a scam. Never send payments for goods by BACS, this is the least safe option.
When a company has no contact details, other than an e-mail, that should ring alarm bells. This is also against the law; they are required to supply Postal Address and a Phone Number.
You may want to contact the Police, to report a case of fraud and/or theft.
Good luck.
I’ve taken delivery of a tablet pc from a company. It’s not working as stated on their website. I approached them and they came back with something about there’s a glitch on the tablet and it need to be patched straight away.
There was no offer of a replacement tablet which makes me suspect that all their tablets are shipped this way.
I’ve requested to cancel the purchase under the distance selling regs, but they are demanding a 20% restock charge. Is this allowed, and yes it does state in their terms “We reserve the right to charge a 20% restocking fee which will apply whether you request a refund or an exchange for a different item”
Feel that this is a bar on me executing my rights.
Hi
They cannot do this under the Distance Selling Regulations. If the item wasn’t faulty and you simply changed your mind, you’d have to pay return postage. Since the item is faulty, you have 30 Days to reject the product. It should work as described ‘out of the box’, not patched etc., that is not your responsibility.
If the retailer refuses to budge, contact Consumers Direct and also your Credit Card company as they seller is breaking the law.
Given that the website was only made / registered on 1st October this year I would take a guess that you have been scammed. I would contact action-fraud.org.uk and see if they can help you or any further information.
This is the registration info I found on the website which is typical of such scammers,
Registrant:
my-store-online
Registrant type:
Unknown
Registrant’s address:
Unit 39
388 Hatton Garden
London
EC2 3UL
United Kingdom
Registered through:
GoDaddy.com, Inc.
URL: http://www.godaddy.com
Registrar:
Key-Systems GmbH [Tag = KEY-SYSTEMS-DE]
URL: http://www.Key-Systems.net
Relevant dates:
Registered on: 01-Oct-2011
Renewal date: 01-Oct-2013
Last updated: 01-Oct-2011
It does state in their terms that a contract is formed one you go through checkout and your order is accepted. Which it was and i was sent a further email stating the order number and and that i would recieve anwother email with delivery date shortly. Although they have the right to refuse sale they didnt they accepted and took the delivery fee .They have since removed the buy it now option of checkout. But if they didnt want to sell the product at this price they shouldnt have had this function with the price 0.00. So how is it not fair on them. My friend who fits kitchens and when he handed over the bill he fogot to put a price for the dishwasher and so had to not charge for it. He legaly couldnt take it back and say no i didnt want you to have it for this price. Or change the reciept with the price on it legaly as it had already been done. Incompetance shouldnt be accepted and if by forfilling the contract of sale will teach them to do their job properly i see that as a good thing.
@ Sarah
You are fighting a no win battle. Clearly a error on the website of which you try to take advantage of. Common sense would prevail in that the item normally costs a lot more than you expected to obtain it for.
Unlike a retail store where a cashier will be present to examine any sale in real time, ordering online has its protections to businesses too as scams, fraud and errors will happen in advance of an operator being present at the time of the sale, i.e. to over see any problems. Save your energy, accept your delivery charge refund back and move on. You have no legal entitlement to the free item, the most you could be entitled is a refund of your money.
Hello there. I bought a Playstation 3 60gb console from Amazon.co.uk in February 2007. It worked fine until last year when it started rejecting games, and in July this year, It stopped reading blue ray discs.
I have since had the PS3 console repaired and the people who repaired it charged me £70 plus £14 VAT, but assured me i could claim the repair fee back under the sale of goods act as it states that as the product is under 6 years old, a product of this nature and cost should last longer than 4 years.
They gave me an engineers report to send and i sent that, along with my receipts and a covering letter that the repairers also templated for me.
Amazon emailed me back with this
Dear Mr *****,
My name is ***** ****** and I represent the Executive Customer Relations Group within Amazon.co.uk and in this capacity, your correspondence has been brought to my attention.
I am sorry to hear of the difficulty experienced with the Playstation 3 console received in February 2007 from your order
Under the Sale of Goods Act, a consumer is granted recourse against a seller of goods if those goods were defective at the time of purchase. The Act provides that in order for the customer to have a remedy they must prove that the goods suffered from an inherent defect at the time of delivery. We do not accept the report as evidence that the device suffered from an inherent defect, as the fact that it has worked without fault for such a substantial period of time would suggest otherwise.
You purchased your product approximately 57 months ago and, until recently, have used it successfully and reported no fault with the product. Given your satisfactory use of the product since February 2007, it is not established that the product did not conform to the contract (i.e. was defective) at the time of purchase.
Amazon.co.uk is therefore not under an obligation to offer any additional assistance in repairing or replacing your product.
We regret any disappointment this order has caused and hope that we will have a chance to serve you again in the future.
Regards,
………………….
Is this correct? as i have been assured that no matter what, due to the fact that my item cost over £400 that it should last a minimum of 6 years without fault. And i am entitled to a refund of my Repair cost and repair cost only. Or is Amazon in the right here?
Please help as i really have no idea about this sort of thing, should I pursue this or just let it drop depending on whos right?
Thank you for any assistance you can give me.
On October 1st I bought a waterproof MP3 player on-line through Wowcher (coupon discounts compnay) to be supplied by a company called Aquwa.
Despite many e-mails and phone calls to Aquwa and excuses from them that the fault lies with Royal Mail, I still haven’t received my goods.
Who should I pursue for return of my money – Wowcher who stated in their e-mail confirming my order
“Please note that this email does mean that your order has been accepted. Your order constitutes an offer to buy a Wowcher. The contract between us will only be formed when we dispatch the Wowcher to you by email”.
I did receive the Wowcher by email.
So who should I pursue for return of my money from Wowcher or Aquwa,
and what are my rights in this matter?
I purchased an iPod dock from a marketplace seller on amazon with dab radio in march of this year. Last month there was a loud crack noise when I tried to turn it on and it has not worked since. I contacted the seller who says he only gives one month warranty and other than that I need to contact the manufacturer. I have contacted the manufacturer who says they don’t cover items purchased on amazon- where do I stand?
Hi
Contact Amazon, they will sort it out for you. Amazon Marketplace sellers have to provide the same level of service as Amazon; thus they have to provide a minimum of 12 months warranty for new items. Your contract is with the Seller not the manufacturer.
In fact open a A-Z Guarantee Claim with Amazon, this will ensure that Amazon will have a record of the bad service by the seller and they will not be able to fob off customers in the future.
Good luck.
I’ve purchased an electrical item online that had proven to be faulty after 4 months. Is the retailer obliged to offer a refund, and bear the cost of a collection? The item is heavy.
Hi
I recently bought a 22″ Samsung TV for my father who @ 87 is hard of hearing. The TV was delivered on the 10/12/2011.Took the item set it up for no longer than 5mins and the sound is terrible my father could not even hear the thing. So phoned the Company (LW)and they said because I had plugged it in that it was second hand and I could not return or exchange it for a bigger TV with a baser sound. There is no fault per say with the TV itself but more of a quality issues I was wondering am I covered by the sales of goods act. As I don’t want to lose £350 on something that’s never going to be used.
Thx In Advance.
O yeah and the TV that was displayed on the website is not the TV I was delivered
And another thing is on their own website they say I have 21 days home approval.
I purchased some shoes online and they were delivered to me. I tried them on and within minutes they broke. I then rang the shop and asked for them to be replaced and delivered to me, the woman on the phone said that they would send me an emal in 24-48 business hours to tell me when they will be delivered…they never did. I then rang 4 days afterwards and the woman said that they must do a quality control check, which is fine, and that they would send me an email 24-48 bus. hours later…they never did. I then rang for the third time to say I hadn’t recieved the email and I wanted to change the delivery address, they said they couldn’t change the address and again said that I would recieve an email in 24-48 hours…never happened.
What should I do? They have sold me something that I cannot actually wear so surely they are breaching the sales act?
Can someone give me some advice please.
I purchased a faux leather double bed from a shop on ebay on 31.10.11. Today it has broke, me and my partner were sat on the bed dressing our 2 year old twins who were stood on the floor and when my partner leant forward the side of the bed snapped. We quickly got up and looked at the slats but what we found was the metal bar that goes across the middle of the bed had bent therefore causing the side to snap when we looked at the other side of the bed we noticed that the screw that holds the adjustable leg in place had gone through the hole so it was not sturdy and what must of happened is the bed had just got considerably weaker within the month of using it, eventually causing the bent metal and inevitably causing the snap. Please could someone tell me what my rights are and if the company could just repair it for me?? effectivly we only need the left handside and a new middle bar and we would be happy.
hi,
We got a LG50″ plasma through my catalogue, purchased on 31dec 2010.
When we went to switch the tv back on this morning 04/01/12 it will not.
We rang our catalogue people they said the warranty had ran out on 31/12/2011.
Lg the people who “built” the tv say it is not there problem and we should go through our catalogue people(Very).
The tv is not really over a year old due to it taking 2/3 wks to be delivered.
Can you help please
Many Thanks
Alan
I purchased an ottoman on line, they did not say on there website that it was flat pack, it arrived on Thursday, flat pack, I emailed them and they told me they do not have to state if it is flat pack, but if I want to return it I can at my own cost! Is this right? dont they have to say self assembly?
Hi
About a week ago I placed an order with a well known retailer over the internet using their website. The goods showed available (in stock) on their website and the money was debited from my account.
Now a week later the retailer cancelled the order saying the goods are no longer available.
They said they will refund the money but I was wondering:
Am I correct in saying that once the money was debited from my account the retailer entered into a contract with me to supply the goods ordered? Am I correct?
@Britta
Your payment is only an offer to buy, the retailer is not obligated to provide the item. As you say they claim to be out of stock anyway. The retailer’s terms of sale will state when the contract is formed, this is normally when the goods are dispatched.
Hi Britta, we have had the same problem, unfortunately if the goods you ordered are no longer available then there is nothing you can do about it! They will put your money back into your account but it will take about a week.
Hi, please can you help.
I purchased overpriced Madonna tickets via ‘Get Me In’ 2 days ago. I have since come to my senses and wish to cancel the transaction. ‘Get Me in’ are difficult to contact, they have no email address or phone number and don’t offer this as an option.
In their T&C’s, they say you are not entitled to a refund but does a cooling off period not apply under the ‘distance selling regulations’?
I bought them through my credit card and so I hope I may be covered somehow.
Please advise, thanks.
Katy x
Hi, I recently ordered a bathroom from a catalogue company. I was informed that the warehouse would contact me to arrange delivery and the money was taken from my account for the bathroom a few days later.
I have today received an email from the catalogue to advise that they have mis charged me and plan on charging me over £500 for the same bathroom!
I am understandably not happy. Because they have withdrew the money from my account, would I not be in some sort of ‘contract’ with them?
Thanks, Emma
@ Emma
Despite payment being taken, which happens on most online orders, your order was only an offer to buy. Mistakes happen and as such retailers normally state when the contract is formed, ie when the goods are actually dispatched.
From my own knowledge I think I know which retailer and bath suite that your may be referring to and the retailer clearly made a typographical error when listing the item. The price was clear to be seen that it was to good to be true.
You were given the opportunity to purchase the item albeit at a higher price but the retailer under no circumstances would take the money without you agreeing to purchase the package at the new price.
The retailer is only obligated to refund your money and say sorry for the mistake.
@Graham,
thanks for your reply, having checked the link you provided, this isnt the bathroom I ordered but at least I am clear on the situation now. The bathroom I ordered was over a thousand pounds but they then added an additional £500 to the price.
Many thanks for your quick reply though, visit to the Bathroom store it is then!
Hi,
My iphone wasn’t charging properly and so i looked online to see about getting it repaired. The site i found was iphonerepairs.co.uk and they advertised a 24hr repair service with 3 day turnaround and all their testimonials were positive. I even paid a £9 fee to receive there “special case recorded delivery” option. They confirmed receipt but 22 days later and despite numerous communications they’ve tested the battery and can’t fix the issue and are now telling me they’re going to have to return my phone unrepaired.
Is the3re anything in the Sale of goods act, or any consumer act that I should be looking at? Should I expect anything more bearing in mind i feel that their services were misrepresented on the website, their speedy and reliable service being the thing that made me choose this company and also the fact that i’ve been without a phone now for just over three weeks?
Regards
Jaosn
hi, i bought a blu ray player from amazon for £312 and it broke with in a month, the item is now out of stock allthough they are offering a full refund the blu ray player is now retailing at £450 so would cost an extra 138 to repace can any one help me with my rights please thank you
Hallo, I’ve bought a pair of boots on line from DEMONIA SHOES, received them right before xmas 2011 and after 2 month the heel has unglued while walking. Now i ve called Customer service and i been told that according to their return policy i have 30 dayy only to return a faulty item!!! is that possible? £72 of boots to last one month only? i ve checked on the web site http://www.alternative-footwear.co.uk/customer-service#answer3 and yes, it does confirm the 30 days faulty return policy. i am shocked cause i work in retail and a faulty item by law can be returned in within 6 months. is it anything i can do to get a replacement or other from that company? thank you
Lucia,
Their Terms and Conditions on Returns is illegal and against the Sale of Goods Act, Write to them, reminding them they are breaking the Law anf if they refuse to provide a refund, get your Card company involved, they’ll sort it out. I would also contact Consumers Direct and your local Trading Standards
thank you for your advises.. i’ll do as you say..))
I purchased a mirror from a furniture online retailer. The mirror was duly delivered within 3 days. However, as I was going on holiday the next day I didn’t have time to inspect the item until my return the following week. The mirror was badly damaged (completely smashed) and I informed them immediately, to which they replied that their returns policy states that I have only 3 days to report a defect. Where do I stand legally on this?
Hi Vijay
If it’s a UK company you have a minimum of SEVEN DAYS whether you wish to keep the product under the Distance Selling Regulations and THIRTY DAYS to report any defects under the Sale of Goods Act.
Write to them, advising them that their Terms and Conditions are illegal, if they refuse to replace and/or refund, get in touch with your Card Company.
In any case report them to Consumers Direct and the Trading Standards Office.
Good luck.
Many thanks for your advice. They are insistent that 3 days is sufficient, but I will certainly dig my heels in.
Hello,
I ordered some beanbags off of an online company through a Groupon offer on the 14th of November 2011 and was informed that it would arrive in the last week of December.
I was informed via email from the company on the 6th of January to say that they were overwhelmed with the response and that delivery would take longer than expected. Note – this is longer than the 30 days mentioned in the Distance Selling consumer rights.
Following this, I was further notified on the 25th of January that they would be delivered at the end of February. At this point I had had enough and liaised with Groupon who cancelled and refunded my order. {I’ve since learnt that Groupon have not actually paid the company in question).
Both Groupon and myself notified the company via email on the 25th of January to inform them of cancellation, and I requested a refund for my postage and packaging costs.
In early February, my beanbags were delivered, despite notifying the company of cancellation.
I have not received any confirmation from the company, nor any contact regarding the received goods. I have now had the beanbags for over a month and the company have not contacted me in regards to returning them.
What are my rights in keeping this product? Obviously I wanted the beanbags in the first place – I was just disgusted with the customer service and length of delivery time.
The school in which i work has a batch of 30 computer monitors the same model from the same suplier, they had a 3 year warrenty which is about to expire. more than half the monitors have died and been repaired by the manufacturer within the past year and a half, it is always the same fault. recently i have been having about 2 monitors fail per month.
This is a known fault withthe monitors so do the sale of goods act or distance selling regulations offer any way to get the other monitors repaired when they fail?
I purchased two pyjamas for my daughter from Very web-site over a month ago. At that point, they had an offer of buy two and save £6.00. Due to internet problem, I had to place the order via their telephones and collegue who took the order advised that I will be charged more but they will arrange the refund of the difference. This has not been done despite my numeroud e-mails and phone calls to them. Now they are also disputing the offer was on and asking me to provide the proof. I did not take any print screen or made a note of the person I spoke to and had a faith in them. As they are refusing to refund the money and my daughter has already used the payjamas, I can not return them. Please advise on how do I claim my money that I was promised and have been overcharged?
I have ordered 2x 5litre tins of cuprinol garden shades in Silver Birch as advertised on their website. I have today received a call to say that Cuprinol do not make 5 litre tins of this product only 1 litre tins. They can supply 10 litres of the product but I will incur an additional charge of £10.00. Can they do this as they have advertised incorrectly or should they satisfy the order at their own cost?
I ordered and received a personalized replica football kit for my son. The item was listed as sizes “1 – 2 years”. Sadly it doesn’t fit over his head, it is not even close to fitting and causes him distress. On the website there was no mention of the head sizes.
I have gone back to them but they just advise as its personalized they cannot offer a refund or an exchange. I have posted the item to them at my own expense, and they have examined and said its fine, however my son has an average size head which can be easily proven using NHS sizing guides. Can you advise what my position is legally? My argument is that its not fit for purpose as it doesn’t fit, the customization is irrelevant.
Thanks!
I placed an order online with mylightbulbshop.co.uk as they offered the bulbs I wanted with a discount if you bought in bulk. Since placing the order, they have not provided me with any update or replied to my emails. The original dispatch date was 2-3days with next day delivery.
It has now been over 2 weeks and still no response. The price has since been changed on their website and the number of bulbs you need to purchase to obtain the bulk discount has “doubled”
Please can you advise on my legal position? It wasn’t exactly a misprice and only works out to a few pounds cheaper than buying from John Lewis! As mentioned above, they do not respond to emails and I cannot find a phone number to contact them on. Surely there must be something regulating them? The items appear to be in stock and I just get the feeling that they are witholding the items without any cause and as they have taken payment, I cannot afford to buy them from anywhere else until they update me on the whereabouts of my order.
If they are unable to supply any of the lightbulbs I ordered, or they know that they are unable to fulfil any orders, then surely they shouldn’t be advertising it as “available” online. I’m more concerned that they may be opting to go into liquidation but I am sure there are laws in place that stop them from operating in this manner if they are unable to fulfil future orders (e.g Declaration of Solvency by the Directors)
Any advice would be appreciated
Hi Gavin, send them 1 more e-mail and wait 48 hours. If they do not reply then ring Consumer Direct 08454 04 05 06 they have taken the money and have not produced the goods.
in dec /11 i had delivered a 2 setter settee which had a removable back rest on receiving we found that sloting arms where the wrong around thus causing the velco facing the back i have e-mailed the manufactures sent photos of the problem phoned but they do nothing what is my next move thanks
i bought a reciprocating saw online with 20 blades and a torch, taking the purchase to over £100, paid by credit card. I received the reciprocating saw and torch after a week with a note saying the blades are out of stock and will follow. It has now been over a month and still no blades, i have still not used the reciprocating saw. I have emailed, phoned and been in contact with the company on a number of occasions and they have sent me the tracking number for the delivery of the reciprocating saw. I am now at a loss, as the Company is saying the blades have been delivered and they obviously have not been.
Any ideas??
Less than a month ago I purchased some car accessories from an online retailer over the phone. As the retailer was unable to deliver the goods to an address other than where the payment card is registered to they agreed I could pay through PayPal and I requested the goods to be sent to the registered PayPal address. The retailer instead sent the goods to the wrong address (home) and the order itself is incomplete. The missing parts are needed to fit the accessories and are useless without it.
I have contacted PayPal but they have refused to help, stating the goods can be used as received! I have contacted the company a number of times but they keep ignoring me.
What are my legal rights in this scenario?
Any help would be greatly appreciated.
Thanks.
hi i have recived an invoice for materia that never turned up on site and have been sent an invoice i asked why there was not correct delivery address on the invoice or sigunature to say the goods were accepted and by who but they are leaning on me for the money any advice on this would be appriciated thanks
Hi,i have placed an order on-line with a surf shop for two surf boards and a car sticker,the order came to £2.95 because they had the surfboards marked as £0.00,they were listed as in stock and my confirmation email has all the details of the order,i haven’t heard from the company as of yet,but where do i stand if they say they are not sending the surfboards..many thanks