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I cex be very interested to know answer 1 way or trade other. Ian Price 23 January, Would this be classed as acceptance of the order and thus forming a contract and having to supply the goods at the advertised price? An estranged spouses could easily cause issues if dual account use was possible. Global information solutions company, Equifax, reported a major cybersecurity incident, earlier this year, affecting million consumers playstation the US. So who should I pursue for return of my money from Wowcher or Aquwa, and what are my rights in this matter? However, if some months later there is a cosmetic defect, this would normally not be covered under warranty.
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I contacted the seller a London based company with their own website and advised same. I received them on 31st March unfortunately One of the dresses I ordered was supposed to be Burgandy and they sent Red with the stitching uncomplete on the back and the other dress was Peach and not Watermelon. Not very familiar with Northern Irish law. But the files had been password-protected said the University, plaintively. The Ts and Cs should state at what time the agreement becomes a legally binding contract of sale. 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. Customers are not at financial risk.
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Best Bank Accounts First Direct: She is now refusing to even speak to me and just repeatedly sending me ebay requests to return the cex at my expense! I have today received a price to say that Cuprinol do not make 5 litre tins of this product only 1 litre tins. Dave trade October, 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 playstation also pursue Nikon to honour their commitment.
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If the seller cannot fulfill the contract e. Where a seller is unwilling to do so, the buyer can ask a Court to order to seller to fulfill the contract. Liane 13 January, I purchased a dree from rarefashion. 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.
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. 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.
Miles 14 January, 3: 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.
This has obviously passed too. 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? 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. Miles 20 January, 4: 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. Wilson 20 January, 3: 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? Ron 20 January, 4: 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. 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.
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. 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.
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.
Jay 24 January, 1: 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? 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.
Matthew 25 January, 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? 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. You have an absolute legal right despite what the terms and conditions of the retailers say. 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.
David 1 February, 6: I am considering buying an item of clothing from an online retailer based in Belfast I am in England. Their returns policy states that:. I was just wondering whether they are allowed to refuse to accept returns just because an item has been sold at a discounted price? 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.
Amanda 2 February, 1: Hi I bought a pair of shoes from Halfcost. 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 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.
Mujtaba 4 February, However, despite contract start date was in November , 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! 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? The cover etc are the correct size for my wheels. 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. Eamonn 17 March, My fiancee recently ordered two bespoke embroidered wedding gowns for her amd her bridesmaid as we are getting married soon. Saif Ahmed 27 March, In 6 months the phone would restart regularly for no reason and in the next months it went dead and would not start.
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? I purchased some shoes from a shop in the US, they arrived and though they are my size they are far too big.
Natalie 4 May, 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.
I was given a Dell laptop from my dad for Christmas 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?? Lynne Williams 10 May, 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.
Willaim Munnoch 11 May, 8: 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. Please,what advice do you offer,? What to do now. I am so angry. KM 3 June, 1: 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.
I paid postage and returned it, again, with a note of my new address in bold. Am I entitled to a refund or to have another one sent to me?
Aryan 16 June, 2: 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? Damien 18 June, 7: Gary 20 June, 8: Olli 23 June, 1: Hi Can someone answer a possibly very simple request?
It is a virtual good ei — no physical DVD, just a download. On the Steam website it states —. So they state essentially: Surely this is against my rights or? When contacting them regarding this matter which of my rights can I quote?
Sales of goods act? Allan West 29 September, 3: Told Ideal World twice on phone matter in dispute, wanted replace or refund, promised manager would call me but no contact. Jon Smythe 24 October, 5: I purchased a fairly expensive laptop but it was scratched. 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.
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. 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. Karla 16 November, 6: Could you please explain the geographic jurisdiction.
Albert 17 November, 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. 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.
Karla 17 November, Karla 11 December, 5: 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. So this issue I am interested in — it would seem to be an inference?
DSR have also been incorporated into many EU regulations on trade and competition. Sam 18 November, 2: 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 days. 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.
I have no other contact details. Thanks in advance for any advice you can offer. 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. Gordon Mc 18 November, There was no offer of a replacement tablet which makes me suspect that all their tablets are shipped this way.
They cannot do this under the Distance Selling Regulations. Since the item is faulty, you have 30 Days to reject the product. If the retailer refuses to budge, contact Consumers Direct and also your Credit Card company as they seller is breaking the law. Albert 21 November, I would contact action-fraud. 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. 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. Albert 26 November, 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.
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. Kevin 29 November, I bought a Playstation 3 60gb console from Amazon. It worked fine until last year when it started rejecting games, and in July this year, It stopped reading blue ray discs. 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.
I am sorry to hear of the difficulty experienced with the Playstation 3 console received in February 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 , it is not established that the product did not conform to the contract i. We regret any disappointment this order has caused and hope that we will have a chance to serve you again in the future.
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? Colin Davidson 7 December, On October 1st I bought a waterproof MP3 player on-line through Wowcher coupon discounts compnay to be supplied by a company called Aquwa.
Your order constitutes an offer to buy a Wowcher. 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? Ruth Adam 7 December, 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. 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.
Billy 15 December, 4: Is the retailer obliged to offer a refund, and bear the cost of a collection? The item is heavy. 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. 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.
Holly 19 December, 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 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 bus.
What should I do? They have sold me something that I cannot actually wear so surely they are breaching the sales act? I purchased a faux leather double bed from a shop on ebay on 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?? Annie Dunbar 28 January, 3: 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! Britta 6 February, 4: 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. 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?
Albert 9 February, 6: 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. Annie Dunbar 9 February, 7: 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. Katy 13 February, I have since come to my senses and wish to cancel the transaction. Emma 13 February, 8: 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 am understandably not happy. Graham 14 February, 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. Emma 14 February, 8: Many thanks for your quick reply though, visit to the Bathroom store it is then! Jason 15 February, 2: The site i found was iphonerepairs. Is the3re anything in the Sale of goods act, or any consumer act that I should be looking at?
Lucia Bonora 3 March, 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!!! I would also contact Consumers Direct and your local Trading Standards. Lucia Bonora 4 March, 9: Vijay 6 March, I purchased a mirror from a furniture online retailer. The mirror was duly delivered within 3 days.
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? Vijay 7 March, Many thanks for your advice. They are insistent that 3 days is sufficient, but I will certainly dig my heels in.
Kirsty 10 March, 7: I ordered some beanbags off of an online company through a Groupon offer on the 14th of November 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. 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.
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. Terry 15 March, 3: 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. 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?
Jatin Mistry 26 March, I purchased two pyjamas for my daughter from Very web-site over a month ago. 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?
Nikki Chaplin 3 April, 3: 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. Can they do this as they have advertised incorrectly or should they satisfy the order at their own cost?
Paul 5 April, 3: I ordered and received a personalized replica football kit for my son. 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? Gavin 12 April, I placed an order online with mylightbulbshop.
Since placing the order, they have not provided me with any update or replied to my emails. The original dispatch date was days with next day delivery. It has now been over 2 weeks and still no response. Please can you advise on my legal position? 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.
Annie Dunbar 13 April, 7: Hi Gavin, send them 1 more e-mail and wait 48 hours. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. The MSE mobile menu not all pages are optimised yet. More than I actually paid.
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