The consumer rights thread

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  • kalel 28 Mar 2013 13:49:55 83,784 posts
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    This comes up a lot but I couldn't find a thread that was devoted to it, so have created one.

    I've bought an item online, and at the time I was given no indication that it wasn't in stock, and payment was taken. Item was supposed to be with me within a week.

    Three months later and I still have not received the item. Every time I call they say they are expecting a delivery this week, and then it never happens.

    Do I have the right to a refund?
  • Deleted user 28 March 2013 13:52:33
    Pretty sure with online stuff the contract between buyer and seller is only "signed" when the seller ships, up until then the buyer can cancel for any reason without penalty. Unless it's something that's being specifically handmade or customised or something.

    Only going on vague memory there rather than anything concrete, though.

    Edited by meme at 13:53:29 28-03-2013
  • Deleted user 28 March 2013 13:53:10
    If they don't provide you with the item you are entitled to a refund, or have I missed something?
  • Shikasama 28 Mar 2013 13:55:00 6,272 posts
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    You can issue a chargeback upto 120 days after purchase if you paid with a Visa card.

    This can have pretty hefty consequences though - it's extremely unlikely the company will ever deal with you again (if you are even bothered by that).

    Non delivery of goods is a classic example of something a chargeback would be issued ofor

    Edited by Shikasama at 13:55:23 28-03-2013
  • Deckard1 28 Mar 2013 13:55:16 25,330 posts
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    And the great butt plug shortage of 2013 claims another victim.

    Called it

  • kalel 28 Mar 2013 13:55:42 83,784 posts
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    It's a pair of glasses so the lenses are custom, but it's the frames themselves that are not in stock yet. They're claiming they've already made my lenses though...
  • Trowel 28 Mar 2013 13:55:46 16,833 posts
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    meme wrote:
    Pretty sure with online stuff the contract between buyer and seller is only "signed" when the seller ships, up until then the buyer can cancel for any reason without penalty. Unless it's something that's being specifically handmade or customised or something.

    Only going on vague memory there rather than anything concrete, though.
    This. I've been following a thread along similar lines on MSE for a while where someone's taking a furniture supplier to small claims as they refused to cancel without charging him.
  • kalel 28 Mar 2013 13:56:52 83,784 posts
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    Shikasama wrote:
    You can issue a chargeback upto 120 days after purchase if you paid with a Visa card.

    This can have pretty hefty consequences though - it's extremely unlikely the company will ever deal with you again (if you are even bothered by that).

    Non delivery of goods is a classic example of something a chargeback would be issued ofor
    I did use Visa. I think I'm unlikely to use this company again frankly, but I might be inclined just to threaten them with me doing that to get a refund before actually doing it.

    Thanks.
  • Shikasama 28 Mar 2013 13:57:29 6,272 posts
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    Also worth noting that a chargeback has nothing to do with the seller, it's done between your bank and the emrchants bank so they can't do much about it
  • billythekid 28 Mar 2013 13:58:07 10,797 posts
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    This should be covered by the distance selling act I believe.

    Linky

    Edited by billythekid at 13:59:09 28-03-2013
  • Deleted user 28 March 2013 13:58:37
    Have you asked for a refund yet?
  • Bremenacht 28 Mar 2013 14:00:05 15,739 posts
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    I had that before. They were still advertising goods while sending me emails claiming they would have stock in soon. I eventually sent them a note to say they were behaving fraudulantly and that I would contact the Office of Fair trading if I didn't get the goods or a refund within 7 days. I got the goods.

    Once an eagle taught me courage. And I will never forget that day

  • kalel 28 Mar 2013 14:00:06 83,784 posts
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    I have asked for a refund but they've so far persuaded me to wait a bit longer (twice) for them to arrive. I have told them if they don't come tomorrow I'll be demanding the refund, so just lining my ducks up in advance.
  • DFawkes 28 Mar 2013 14:00:14 22,030 posts
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    The best I can find is this:

    19.—(1) Unless the parties agree otherwise, the supplier shall perform the contract within a maximum of 30 days beginning with the day after the day the consumer sent his order to the supplier.

    (2) Subject to paragraphs (7) and (8), where the supplier is unable to perform the contract because the goods or services ordered are not available, within the period for performance referred to in paragraph (1) or such other period as the parties agree (“the period for performance”), he shall—

    (a)inform the consumer; and
    (b)reimburse any sum paid by or on behalf of the consumer under or in relation to the contract to the person by whom it was made.
    (3) The reference in paragraph (2)(b) to any sum paid on behalf of the consumer includes any sum paid by a creditor who is not the same person as the supplier under a personal credit agreement with the consumer.

    (4) The supplier shall make the reimbursement referred to in paragraph (2)(b) as soon as possible and in any event within a period of 30 days beginning with the day after the day on which the period for performance expired.

    (5) A contract which has not been performed within the period for performance shall be treated as if it had not been made, save for any rights or remedies which the consumer has under it as a result of the non-performance.

    The only sticking point is the thing meme brought up - I'm not sure what counts as the contract beginning. I'd have thought it's when they take the money, but as meme suggests it might be on shipping.

    Edited by DFawkes at 14:03:10 28-03-2013

    I'd kick the living daylights out of the producers of Tipping Point - Ghandi

  • Bremenacht 28 Mar 2013 14:00:27 15,739 posts
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    Yes, do. Assume the worst, and act on it.

    Once an eagle taught me courage. And I will never forget that day

  • DFawkes 28 Mar 2013 14:07:51 22,030 posts
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    Quick additional:

    Exceptions to the right to cancel

    13.—(1) Unless the parties have agreed otherwise, the consumer will not have the right to cancel the contract by giving notice of cancellation pursuant to regulation 10 in respect of contracts—
    (c)for the supply of goods made to the consumer’s specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly;

    Not sure if how that interacts with the other stuff. Legal documents can be a pain to interpret. I'd have thought that given it's 3 months gone, the bit from 19.5 would supercede it, IF them taking money counts as the beginning of the contract.

    I'd kick the living daylights out of the producers of Tipping Point - Ghandi

  • Deleted user 28 March 2013 14:09:12
    Problem with this is that the 'Unless the parties have agreed otherwise' is almost definitely the case with anything involving customisation (or anything online tbh).
  • kalel 28 Mar 2013 14:09:45 83,784 posts
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    Thanks.

    They might be very reasonable about the refund when it comes to it, but I doubt it. The last few conversations with them have just given me a sense that they're sheisters.

    The Visa thing sounds like a good out if it doesn't work out.
  • Bremenacht 28 Mar 2013 14:14:30 15,739 posts
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    Check with Visa first. They do offer clear advice as to what they will or will not do, along with a timeline.

    Once an eagle taught me courage. And I will never forget that day

  • Trowel 28 Mar 2013 14:17:08 16,833 posts
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    Stick a question on the MSE Consumer Rights board, they have consumer credit nerds on all day answering quickly - it's their equivalent of the Quiz Redux thread ;)
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