 You don't need to be an 'investor' to invest in Singletrack: 6 days left: 95% of target - Find out more
So the people I bought my Colnago are refusing to take it back as it's past 15 days. I agreed with them after a week that they'd take it back but Xmas was in the way and although I live less than an hours drive they wouldn't let me drop off so I had to get UPS to take it and they weren't working locally when I was in town.
Anyway, do distance selling regs give me a period to post it once the return is agreed?
It sounds as if you've been "reasonable" and I can't see how any delay would have prejudiced them. These are the points I'd argue. Dunno re any specific time limits under DSR.
Hi,
In my experience of the regs, as long as you contact them to express the desire to return within the specified period (usually 14 days) the actual return date is irrelevant as long as its "reasonable". The question is; did they record you intention to return? Good luck.
[url= http://lmgtfy.com/?q=distance+selling+regulations ]Here's some information[/url] - http://www.out-law.com/page-430#Return makes it clear that they're not allowed to refuse a refund provided you cancelled within 7 working days.
you've contacted them within the time so legally you are entitled to a full refund as long as it's returned in resaleable condition. was the contact by phone or email ? did they give you a returns number ? do you have any proof that you made contact within the time ?
The distance selling regs give you the right to [i]cancel the purchase[/i] within seven days (or longer if they've not given clear 'confirmation information'), not seven days to return the goods. You've done this (you say 'after a week' but it sounds like they've accepted the return), so as far as DSR goes, you're good.
If they have any specific contractual quirks relating to a timely return, they are legally able to do this, but they must communicate this information to you before the sale.
I have email evidence that on the 18th Dec they agreed for me to return it for a refund, that's 4 days after the purchase and I contacted them the DAY I got the bike to say it wasn't as specified.
in which case don't take any crap from them. let them know that you have the email and demand a returns number or you'll be taking the matter further.
Strictly speaking the cancellation must be made in writing by email, fax or post (with proof of postage) within 7 working days (this excludes weekends and bank holidays).
Also worth noting is that the supplier must provide information about how to cancel the order in writing via email, post or on their website. If this information is not available at the point of ordering or delivery then the time period for cancellation is extended by up to an additional 3 months.
Edit - if you have an email confirmation accepting the cancellation then you should be OK.
In reality though your only way to force them to comply is via trading standards.
Heh.
So they're refusing to honour a cancelled purchase under the Distance Selling Regulations, AND they're in breach of the Sale of Goods Act by supplying goods that were not as described. Brilliant.
Read that as 'distance selling eggs'
AND they're in breach of the Sale of Goods Act by supplying goods that were not as described.
Indeed - in this case you don't actually need the DSRs.
Though I suggest you send them the link I gave (the second one, they might not appreciate the sarcasm of the first) and point out to them that you've complied with your requirements under DSR and want your refund.
Cancellation rights are covered from para 3.22 of the [url= http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf ]OFT's Distance Selling Regs Guide[/url] 3.46 onwards also covers refunds
Name and shame them...