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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Are retailers allowed to have a on--going sale continuosly

Customer Question

Are retailers allowed to have a on--going sale continuosly for over 2yrs.I bought several items from a retail outlet which sales furniture, just down the road from where I live.
I bought several items amounting to £1208.84,using my debit card.But I was never given a cancellation period in which I could change my mind.I contacted the manager saying I no longer want the goods within the 7 day period.The reply I got was the company does not give refunds.
On 09/10/2013 I made a chargeback claim,stating that I did'nt want the goods.But my bank (Santander)have received a letter from the manager of BEDS BY BEDTIME saying they do not cancel orders or give refunds.And have clearly stated they will keep the goods for 3 months.As of 21st September 2013 they are charging me £5 a day for storage costs
Please can you help
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

Ben Jones :

Did you buy the items in store?

JACUSTOMER-jv1mnjfm- :

yes

JACUSTOMER-jv1mnjfm- :

All goods bought were in a sale.But the sale has been continuosly on going for at least 12yrs

Ben Jones :

ok let me get my advice ready please

Ben Jones :

When you buy something in store you do not get any cancellation period unfortunately, unless one is specifically provided by the seller and they are under no legal obligation to do so. Many retailers offer a goodwill cancellation period and you will commonly find that in many stores but that is given at their discretion. You will only be able to change your mind and reject the items, demanding a refund, if you can show that the items were not as described, of satisfactory quality or fit for purpose. You cannot return them if you have simply changed your mind.

Additional protection may come under the Consumer Protection from Unfair Trading Regulations 2008. However, they do not specifically state that a sale can only last for a limited time as long as it is not deceiving consumers in the process. Common examples of unfair practices could include labelling items as being 'on sale' with a substantially reduced price if these items have only been on sale at the non-discounted price in very small numbers for a very short period of time. Similarly, labelling sale items as being available at the discounted price for a limited time, only to keep extending the sale can induce buyers to purchase these items and can also be seen as an unfair sales tactic.

However, if the sale you were referring to did not include items that were not previously sold at a higher price for a very short period of time, or was not marketed as being for a limited time only, it can continue for as long as necessary without being found to be unfair.

JACUSTOMER-jv1mnjfm- :

can I CLAIM MY MONEY BACK

Ben Jones :

Not unless you can show there has been a breach of contract by the seller in a sense that the items were not as described, not of satisfactory quality or not fit for purpose. You cannot claim a refund for simply changing your mind I'm afraid

JACUSTOMER-jv1mnjfm- :

I was'nt given a 7 day cooling off period to make up my mind

Ben Jones :

I am afraid you are not entitled to such a cooling off period by law, not if you purchased the items in store

Ben Jones :

Not every situation where you buy something allows a cooling off period

JACUSTOMER-jv1mnjfm- :

not even if I have'nt received thegoods

Ben Jones :

No, this only applies if you bought them over distance, for example online or over the phone. however, once you receive them you can inspect them to ensure they meet the criteria i mentioned above and if you then find out that they were not as described, not of satisfactory quality or not fit for purpose then you can reject them for a refund

Ben Jones :

I'm sorry if this is not necessarily the answer you wanted to hear but I hope you understand I have a duty to be honest and explain the law as it actually stands and sometimes this does unfortunately mean delivering bad news. Please let me know if you need me to clarify anything.

Ben Jones :

Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?

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