Any recourse for an item purchased online.

F

Frank Grimes

Registered User
Messages
27
Hi,
I bought an electrical item online 3 days ago from a large reputable UK web based shop, since then the price of the item was reduced significantly.

I wrote to them and stated that I am not at all happy with this.
They were not at all interested in my case.
I have pointed out to them that I can and will return the item, get my refund and they will subsequently lose a customer, or as a gesture of goodwill, refund the difference as a credit or voucher, retaining a customer. The item returned will have to be sold at the new lower price anyway! They do not see the logic in this argument and are refusing to compromise.
Obviously returning the item is the easiest option, but do I have other options?
 
Hi Frank Grimes

You are covered under distance selling regulations in the EU:

[broken link removed]: the consumer’s right to cancel the contract

Perhaps the most far-reaching implications for all retailers is the withdrawal right of the consumer.(Regulations 6,7 and 8). With certain exceptions (discussed below), the consumer has a period of 7 working days in which to cancel the distance contract without giving penalty and without any reason. This right exists irrespective of the fact that a legally binding agreement has been validly made in the eyes of the law. This right of withdrawal is described in Regulation 6 as an “implied condition”. From the general rules of contract law, we know that the breach of this “condition” entitles the non-breaching party to repudiate the agreement and treat it as if it was discharged. The rational for this including this right of withdrawal, as is explained in a recital to the directive, is to protect the vulnerability of the consumer caused by the inability “to see the product or ascertain the service”. The only penalty payable by the consumer is the direct cost of returning the goods. All sums paid by the consumer must be returned and any credit arrangements entered into by or on behalf of the consumer to finance the transaction must be cancelled without charge or penalty.

The “cooling off” 7 day period begins as soon as the goods have been received.
Click to expand...

I think this is your best course of action.

Marion
 
It is quite possible that this product has been discontinued since your purchase, if this helps parting with it.
 
I have indeed :) this option is stated on their website and I can return the item within 10 days of receiving it. I am trying to make them understand that I will return the item, be fully reimbursed of the higher price I paid and they will then restock the item to be sold at the new lower price and lose a customer (it looks like customers are unimportant to them). In short, they lose doubly. Oops, I have so repeated myself. I'm really annoyed with them! :)
 
Yes, but you will have to pay the carriage to return it. They may be trying to call your bluff.
 
Frank Grimes said:
Hi,
I bought an electrical item online 3 days ago from a large reputable UK web based shop, since then the price of the item was reduced significantly.

I wrote to them and stated that I am not at all happy with this.
Click to expand...
Why!? You were obviously happy to pay the original price and did so willingly. The fact that it was subsequently discounted is neither here nor there and not the retailer's problem. If you bought an item in a shop in town and the price was reduced the next day the retailer would be under absolutely no obligation to take the goods back or refund the difference. They would only be obliged to take the goods back if they were not faulty.
 
True. By the way the [broken link removed] also concurs with MugsGame above:
You most likely will have to pay the cost of returning the goods unless they are :
  • Faulty
  • Not of satisfactory quality
  • Different to the ones you ordered (do not match their description)
  • Substitute goods
Click to expand...
So if the costs of returning the item are in or around the same as the difference between the original and discounted price then it's hardly worth bothering?
 
The only penalty payable by the consumer is the direct cost of returning the goods
Click to expand...

This was stated in the quote in my post. The quote is from EFC solicitors.

Frank didn't tell us what he purchased (other than it was an electrical item) or if the cost of returning it would negate the savings made.

Marion
 
:D Yesterday, if I were to return the item and order the same item at the new lower price, the savings made would have been minor €1-€2 this would be because of the return postage cost and delivery cost of the new item. I would have still returned the item to prove my bloody point though.
Today, there is free delivery this weekend only. I have ordered it again at the new lower price, delivery cost is just the surcharge for deliveries to Ireland and I shall be returning the original item and henceforce I shall speet on Dabs.com :) and I'll get my piggy points too.


Marion said:
This was stated in the quote in my post. The quote is from EFC solicitors.

Frank didn't tell us what he purchased (other than it was an electrical item) or if the cost of returning it would negate the savings made.

Marion
Click to expand...
 
I had a similar issue with Dell last Dec, ordered a PC, the next day the offer changed and the exact same spec machine was €100 cheaper. I rang asking if they could change the price but said they couldn't so I told them cancel it. I then re-ordered it at the new price and had the pc in about 3 days :)
 
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