Frank Grimes
Registered User
- Messages
- 27
[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.
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.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.
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?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
The only penalty payable by the consumer is the direct cost of returning the goods
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
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