Can Anyone Help Please-Where Do I Stand Legally With This? - HotUKDeals
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Can Anyone Help Please-Where Do I Stand Legally With This?

Andysan Avatar
9y, 2m agoPosted 9 years, 2 months ago
Hi all,

So earlier in the week i ordered two of http://www.wheelspinmodels.co.uk/item/HPI-80828-MIP-CVD-Bone-6x46mm-1Pc-Pro4-Purple-Aluminium__1691 this item from online model shop "Wheelspin Models". I got an email Monday morning telling me they were out of stock, and a number to phone and cancel my order if i so chose.

Turns out that they were out of stock because they have to order these parts in specially. He told me they would almost definetly be here for Friday though. They literally just buy them from another RC website and sell them on. If i'd have known this i would have just done this myself, but i needed them for Friday so i just said "Whatever" and didnt cancel.

Now, partly due to the postal strikes i wont get my parts by then and the bloke wont let me cancel my order because he says hes ordered them in specially. I feel a bit wronged here because nowhere on their site does it mention that these items cannot be returned for whatever reason. Don't my statutory rights allow me to return products for a refund/credit note?

I would argue that he shouldnt list these parts on his site without some sort of message saying that they are non-returnable. The http://www.consumerdirect.gov.uk/after_you_buy/buying_at_home/returning-cancelling/ Consumer Watchdog site seems to agree with me.

If anyone can offer me any help or suggestions please i would be really grateful.

Thanks.
Andysan Avatar
9y, 2m agoPosted 9 years, 2 months ago
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#1
They contacted you & told you that the items weren't in stock & offered you a refund & you declined. So you've no comeback on that point.

As for returning the items, the site can argue that the postal strike is outside of their control & therefore they cannot be held liable for delays as a result of it.

If they have ordered the part specially to fulfil your order, then they can quite rightly refuse to accept your cancellation at this stage (how would you feel if someone wanted to buy something from you, you went out & got the item, only for the person to then say "No thanks, & I want my money back as well"?)

I think you're out of luck on this one:-(
#2
Yeah, i can see where they are coming from with that, but shouldnt they specify this on their site? As it didnt, i assumed i could cancel like any other web order.

As far as im concerned, its not my problem. They didnt state first that i wouldnt be able to return it, so i dont see why i cant. The law states that i can. Had i not have called the first time i'd have no idea they had to order them in.

Thanks for your reply, sorry if it seems like im arguing with you.
#3
Sorry if I state the obvious, but if its due to the postal strike (and not his fault), wouldn't you have the same problem ordering elsewhere?
#4
I agree,looks like you will just have to wait.
#5
But my point is, lets say for arguments sake i order something off Play.Com. Their T&C's state that you can cancel your order after you've made it, and return the product for a full refund after you have received it if you change your mind.

This bloke isnt letting me do this, thats my point. Forget that i want the bits for Friday for a minute, i get them, change my mind and want to return them for a refund. If he doesnt let me, what would you say to that?

And thanks all for your time.
[admin]#6
Andysan
But my point is, lets say for arguments sake i order something off Play.Com. Their T&C's state that you can cancel your order after you've made it, and return the product for a full refund after you have received it if you change your mind.

This bloke isnt letting me do this, thats my point. Forget that i want the bits for Friday for a minute, i get them, change my mind and want to return them for a refund. If he doesnt let me, what would you say to that?

And thanks all for your time.


PM me the site link hun :)
#7
If its bought online or over the phone you can return under the DSR and get a full refund,

http://www.out-law.com/page-430#Exempt

Looking at the site it seems a bit dodgy as there is nothing listed about returns, and some of it is very dodgy this in particular which is illegal

"We strongly reccomend purchasing extra insurance on large value orders, as the maximum claim amount for our flat rate shipping is £32 minus a £15 administration fee"

http://www.wheelspinmodels.co.uk/ i prsume this is the site we are on about ?
#8
deanos
If its bought online or over the phone you can return under the DSR and get a full refund,

http://www.out-law.com/page-430#Exempt

Looking at the site it seems a bit dodgy as there is nothing listed about returns, and some of it is very dodgy this in particular which is illegal

"We strongly reccomend purchasing extra insurance on large value orders, as the maximum claim amount for our flat rate shipping is £32 minus a £15 administration fee"

http://www.wheelspinmodels.co.uk/ i prsume this is the site we are on about ?


Unless items are made specially. Not sure if this would count (especially if the OP wasn't notified at the point of ordering)
#9
Yes agreed but i cant see a model car part being made especially.
#10
akaik distance selling regulations allow you to return the item for a full refund withing 14 days so you should also be able to cancel the order before it's been despatched.

If the guy's selling stuff he hasn't got in stock then that's his problem, he's chosen to sell this way online and if and gets stuck with stock tough luck, he should have had a large disclaimer stating that items are specially ordered and refunds are only given for faulty goods. (even though DSR would still mean he should really be refunding any returned items)
#11
Where is the line drawn though, as people selling on ebay don't have to accept returns under the dsr. Maybe it's only if you're a registered business?
#12
rossington
akaik distance selling regulations allow you to return the item for a full refund withing 14 days so you should also be able to cancel the order before it's been despatched.


Its 7 working days from date of delivery ;-)
#13
Benjimoron
Where is the line drawn though, as people selling on ebay don't have to accept returns under the dsr. Maybe it's only if you're a registered business?


They do have to accept returns if the are a business on Ebay
#14
deanos
They do have to accept returns if the are a business on Ebay



That's what I said!

I was trying to work out the distinction, is it whether you're a registered business means you have to abide by the dsr?
#15
Yes if you are a registered business then you have to use the DSR
#16
Thanks guys, yeah, this is what i thought. I say its his problem where he gets his stuff from, he ordered the stuff from http://www.mirageracing.com/

I don't see why i should be exempt from returning the goods providing they are still sealed and i pay return carriage and do so within 7 days etc...

I cant even see him having a problem reselling these items, there is a huge demand for them on the RC racing scene and everywhere else (bar Mirage) is OOS, and i mean everywhere, trust me, i've even tried international selllers.
#17
If it states a return policy on their website like 14 days or whatever then you should be okay. However as they offered you the refund and you declined you kind of made a contract with them over that product. Someone said this earlier. But you can argue that your only contact was through e-mail which isnt really substantial.

50-50 if you ask me lol
#18
Andysan
Forget that i want the bits for Friday for a minute, i get them, change my mind and want to return them for a refund. If he doesnt let me, what would you say to that?

And thanks all for your time.


I see what your saying and I have no idea were you stand legally, but if canceling isn't an option, i'd just have the parts and not use this model shop again.

Is it really worth the hassle of canceling?, you'll always be needing RC spares as this bit you've ordered will probably break eventually aswell........
#19
Well these are alluminium ones for my car so i can race Friday, after Friday however i will be able to get titanium ones, which are stronger and lighter, and therefore better, so after Friday i don't need them really.

I certainly wont be using them again though!

Thanks for all your help guys, appreciate it.
banned#20
As I understand the distant selling laws, he has to put cancellation procedures into writing. Check out this website.

http://www.businesslink.gov.uk/bdotg/action/detail?type=RESOURCES&itemId=1075385183

However I think all this is irrelevant as no contract has been made up until this point. A contract of sale is usually the point at which funds have been taken in payment for the goods, if at this point this has not happened, neither side is liable for any transaction to complete, both you and him can pull out of the deal at any time.

Ultimately he is a businessman, he should have returns policies in place to cover this sort of eventuality with his suppliers.

Also worth checking out [url]www.computeractive.co.uk[/url] they are pretty hot on this sort of thing
#21
Andysan
so after Friday i don't need them really.


Well you can't go wrong with a spare set, the metal ones are strong, but can still snap/buckle!

I've had a few nitro cars now, great fun but expensive fun! (plus you spend more time rebuilding than driving the bliming things! :giggle: )
#22
sorry if it seems like im arguing with you


No offence taken - you were asking for advice, I was giving it:thumbsup:
#23
Iom-RF
Well you can't go wrong with a spare set, the metal ones are strong, but can still snap/buckle!

I've had a few nitro cars now, great fun but expensive fun! (plus you spend more time rebuilding than driving the bliming things! :giggle: )


Well the titanium ones wont break, thats the point. Ive only bought the alluminium ones because i cant get the titanium ones till Saturday. The chap told me he would be able to get them to me for Friday, fair enough the strike isnt his fault but he hasnt got them to me. They are no longer of any use to me, so i wish to cancel. Where he gets his stuff from is his problem, not mine is my opinion. Cheers guys, i think i'll send him a polite email asking him not to send them as i will only ask to send them back.
[admin]#24
I've sent you a PM hun, I'd ring the CAB if I were you. Contracts haven't been made by either side and there are no details of return policy on his site. As you say, politely ask him not to send them, stay calm and if he gets edgy with you just rise above it. :)

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