What are my rights?

  ened 06:37 20 Feb 06
Locked

I ordered a part on Tuesday at 11:30.
I telephoned on Tuesday at 12:00 to cancel and was told that was fine as "it was before 15:30".

On Thursday I noticed the amount (just less than £100) had been charged to my Credit Card.

On Saturday I received the package which had been left with a neighbour.

This company state in their paperwork they will not return carriage costs for warranty returns.

Where do I stand? I don't need the part any longer although it is a useful piece to have as a backup. If I don't need it for 12 months and then discover it is faulty I won't have a leg to stand on.

  Mark5001 08:01 20 Feb 06

As you telephoned them I tend to think that you are not in a good position. You have no written evidence of cancellation and the company could deny any knowledge of your call. Contact the company again and inform your credit card provider about what has happened. I see this as the only way, but someone with more experience will probably prove me wrong.

  SG Atlantis® 09:21 20 Feb 06

You have the right to reject it within 7 days. You most likely won't get your postage back...

Phone them or email ASAP and tell them it's unwanted, get a returns number and send it back.

  HondaMan 09:29 20 Feb 06

click here

Your right to cancel, or the 'Cooling Off' period

The Distance Selling Regulations give you the right to change your mind and cancel an order within seven working days. If you do decide to cancel, then you should put this in writing, either by letter (a proof of postage certificate or even recorded delivery would be wise) or you can fax or e-mail. A telephone call is not sufficient unless both you and the trader agree otherwise. The time limits are:

  spuds 12:37 20 Feb 06

Due to telephoning the company and canceling the order,you may have placed yourself in an 'administration' spot. A telephone call, followed up by an email would have been the wisest move. I would contact the company again, and ask them their views on the matter. If the fault lies with them, and they are a reputable company, they may arrange to refund you fully.

Regarding the distance selling regulations, here is the official text (all 23 pages) click here

  ened 13:11 20 Feb 06

I telephoned the company and was immediately offered a full refund. He said it would be collected tomorrow.

I might need the part tomorrow or not for a while, but I probably will need it sometime. So I said I was prepared to keep it if they were flexible on the warranty.

In the end he agreed that the 12 month warranty would start when the part was fitted and because I was prepared to keep the part he is refunding me the carriage cost.

I feel they have done more than they necessarily needed to do.

Thanks for your comments and links.

  Forum Editor 13:12 20 Feb 06

Follow his advice.

  Forum Editor 13:13 20 Feb 06

by a minute.

Well done - I'm glad it worked out.

  spuds 14:53 20 Feb 06

If the part was computer related, why not give the name of the company. Praise can only be the way forward to a company that deals with their customers in this simple no-quibble manner.

This thread is now locked and can not be replied to.

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