Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[Big_Al]

Hi everyone,  views on the following please.

This concerns A vauxhall main dealer.  Neighbour of mine has located a 2nd hand oil cooler rad for his astra van, but breaker said it has no pipes connected.

Neighbour rang VX stealers at Southend yesterday,  they said these pipes are not in stock but we can get them for you overnight or by sat at latest.  Around £75.00. OK says neighbour , VX then asked for his credit card details.

On collecting the oil rad this morning from breaker, neighbour finds that all the pipes are included & in place.

He then rings VX to cancel, they said you can't cancel - you ordered them - we had to get them in especially for you.

How does he stand on this issue? :-/ :-/ :-/ :-/

sounds like they are going to charge him even if he does not collect -- is that right ? :-/ :-/ :-/

  I would have thought a handling charge was reasonable - but not the full cost :-/ :-/ :-/

[sandune]

Hi Al have been reading the small print on one of their "Sale Invoice"and there  is a 20% handling charge on specially ordered goods.
 If goods are returned in original packing within 7 days for credit must be clean.
So handling  charge or credit. :-/

[Big_Al]

Hi Al have been reading the small print on one of their "Sale Invoice"and there  is a 20% handling charge on specially ordered goods.
 If goods are returned in original packing within 7 days for credit must be clean.
So handling  charge or credit. :-/

Sandune - just looked on one of my VX southend sales invoices as well -- & although he does not have the items yet -  it says "goods specially ordered will not be accepted for credit "

not looking good one thinks

[Turk]

Hi everyone,  views on the following please.

This concerns A vauxhall main dealer.  Neighbour of mine has located a 2nd hand oil cooler rad for his astra van, but breaker said it has no pipes connected.

Neighbour rang VX stealers at Southend yesterday,  they said these pipes are not in stock but we can get them for you overnight or by sat at latest.  Around £75.00. OK says neighbour , VX then asked for his credit card details.

On collecting the oil rad this morning from breaker, neighbour finds that all the pipes are included & in place.

He then rings VX to cancel, they said you can't cancel - you ordered them - we had to get them in especially for you.

How does he stand on this issue? :-/ :-/ :-/ :-/

sounds like they are going to charge him even if he does not collect -- is that right ? :-/ :-/ :-/

  I would have thought a handling charge was reasonable - but not the full cost :-/ :-/ :-/

Worth asking if they can mail the pipes to him to him, then when he gets them, return them within 7 working days for a full refund, including the postage charge out to him, but not the cost of returning them.

By ordering via phone/internet etc and having the goods delivered it falls under the DSR's (Distance Selling Regulations). They MUST refund the FULL amount, including outgoing p&p, and can NOT charge a re-stock fee.

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

[tonyyeb]

A commitment to purchase has been made courtesy of the credit card transaction. Unless the goods are defective or otherwise than described, I don't think he's got a case, sadly.
That said, the VX dealer is playing super hard-ball, and they ought to be named and shamed..... 8-)

[Turk]

A commitment to purchase has been made courtesy of the credit card transaction. Unless the goods are defective or otherwise than described, I don't think he's got a case,.  sadly.
That said, the VX dealer is playing super hard-ball, and they ought to be named and shamed..... 8-)

That's incorrect. Click the link and read the DSR's. 

Goods can be returned for a full refund, even if it's simply because the buyer has changed their mind.
In fact as long as the buyer has notified the seller of their intent to cancel, in writing/e-mail within seven working days, the seller must refund all monies payed within 30 days...even if the goods have NOT been returned. 

Some of the DSR's are bonkers if you're a mail order business.  

Also, by taking a card payment over the phone they must mail the goods out to an address. If they are taking card payment over the phone and charging the card without the customers signature or PIN and allowing the goods to be collected at a later date, then they are in the wrong and Visa etc will not be happy about that. 
   

[Big_Al]

Hi everyone,  views on the following please.

This concerns A vauxhall main dealer.  Neighbour of mine has located a 2nd hand oil cooler rad for his astra van, but breaker said it has no pipes connected.

Neighbour rang VX stealers at Southend yesterday,  they said these pipes are not in stock but we can get them for you overnight or by sat at latest.  Around £75.00. OK says neighbour , VX then asked for his credit card details.

On collecting the oil rad this morning from breaker, neighbour finds that all the pipes are included & in place.

He then rings VX to cancel, they said you can't cancel - you ordered them - we had to get them in especially for you.

How does he stand on this issue? :-/ :-/ :-/ :-/

sounds like they are going to charge him even if he does not collect -- is that right ? :-/ :-/ :-/

  I would have thought a handling charge was reasonable - but not the full cost :-/ :-/ :-/

Just trying to cover this from all angles - if the parts have not arrived at the dealers by Sat morning  as they said

Would that give him the right to cancel? :-/ :-/ :-/ 

[Turk]

Hi everyone,  views on the following please.

This concerns A vauxhall main dealer.  Neighbour of mine has located a 2nd hand oil cooler rad for his astra van, but breaker said it has no pipes connected.

Neighbour rang VX stealers at Southend yesterday,  they said these pipes are not in stock but we can get them for you overnight or by sat at latest.  Around £75.00. OK says neighbour , VX then asked for his credit card details.

On collecting the oil rad this morning from breaker, neighbour finds that all the pipes are included & in place.

He then rings VX to cancel, they said you can't cancel - you ordered them - we had to get them in especially for you.

How does he stand on this issue? :-/ :-/ :-/ :-/

sounds like they are going to charge him even if he does not collect -- is that right ? :-/ :-/ :-/

  I would have thought a handling charge was reasonable - but not the full cost :-/ :-/ :-/

Just trying to cover this from all angles - if the parts have not arrived at the dealers by Sat morning  as they said

Would that give him the right to cancel? :-/ :-/ :-/ 

Should think so, but I don't know for certain. I can only advise for defo on mailed goods.
Best bet would be to phone them on Saturday and if the pipes have arrived, ask for them to be mailed out. It'll then fall under the DSR's.   

[STMO123]

He could go round to the breakers and shove the non-existant pipes up his arse. When the breaker complains he could say' What pipes, dickbrain?'.

[Lazydocker]

Unfortunate situation really... The parts have been specially ordered so no refund

But... Have they been Mail Ordered? :-/ :-/ Tricky one that

Depends how much he wants to be able to use the stealers in the future IMO

[TheBoy]

DSR wouldn't apply, as ordered from, and will be collected from local shop.

The seller has every right not to offer refunds, partial or full, in such cases because the buyer has changed their minds.

Remember, businesses need some level of certainty/protection as well.

[Turk]

DSR wouldn't apply, as ordered from, and will be collected from local shop.The seller has every right not to offer refunds, partial or full, in such cases because the buyer has changed their minds.

Remember, businesses need some level of certainty/protection as well.

Order and card details were given over phone so, as previously advised, just ask for the order to be mailed out and DSR's WILL apply.   
The words 'distance selling' don't actually mean any great distance. The customer could be right next door, but if the order and payment is completed by phone/internet/letter and the goods mailed out then DSR's apply.


A ‘distance contract’ is one:   
•For the sale of goods or the provision of services;
•Concluded between a supplier and a consumer (note that business to business distance selling is not caught by the Regulations);
•Under an organised distance sales or service provision scheme run by the supplier (this covers, for example, sales made through a call centre or from a web site; however one-off contracts concluded by email are not relevant);
•Where the supplier communicates with the consumer without ever coming face to face with the consumer up to and including the moment at which the contract is concluded (i.e. by 'distance communication').

Right to cancel:   
Under Regulation 10, a consumer can cancel a distance contract at any time during the "cancellation period" by notifying this intention to the supplier in writing. A contract which is cancelled must be treated as if it had never been entered into by the consumer.


If card details are given over the phone and funds are taken with the PDQ unit set to 'Cardholder Not Present' (no signature or PIN required), the goods 'should' be mailed to an address, so the stealers are in the wrong there for starters.

As for the quote 'businesses need some level of certainty/protection as well'...correct, they do, but with the DSR's they get very little.
Click the link and read them, you'll probably wonder why anyone in their right mind would ever get into the mail order business in the first place.

[Stallion]

Turk has a good point with the DSR in place, i would say give it a try? 

[51M0N]

I've not read all the replies.

However. If parts are specially ordered, A retailer can refuse the right to refund IF they are correct for application and not faulty.
Most WILL charge a handling charge. I do. Mainly because it puts timewasters off and in some cases suppliers will adopt the same policy.

So to be fair the guy in question is at fault but its just unfortunate. As for the breaker. well.................

[Turk]

I've not read all the replies.

However. If parts are specially ordered, A retailer can refuse the right to refund IF they are correct for application and not faulty.
Most WILL charge a handling charge. I do. Mainly because it puts timewasters off and in some cases suppliers will adopt the same policy.

So to be fair the guy in question is at fault but its just unfortunate. As for the breaker. well.................

Goods made to the customers own specifications do not fall under the DSR's, but standard items ordered in specifically for the customer are covered by the DSR's and can be cancelled for a full refund.

Section 3.55:
"You are not allowed to make any further charges, such as a restocking charge or an administration charge."

If you are a business seller that takes orders over the phone/internet and mails out the goods, if the situation arises, you cannot refuse a refund. (Section 2.9: Compliance with the DSRs is a legal requirement.)

Obviously this ONLY applies to goods ordered by phone/internet etc. and mailed out, but a business seller CANNOT refuse a refund no matter why or in what condition the goods were returned, as mad as it sounds, the goods DO NOT even have to be returned prior to a refund being issued.
Even if the goods are returned damaged, the seller still cannot refuse a refund (see section 3.44).
All they can do, is take action against the consumer for breach of the statutory duty to take reasonable care of the goods, but a full refund MUST be given.

For mail order timewasters the DSR's are a dream come true. 

DSR's do not apply to private sellers.