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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Where there is conflicting information on a website which (if

Customer Question

Where there is conflicting information on a website which (if any) takes precedence ie "Free exchange in 14 days if unhappy with the product" versus (and lower down on the webpage) "Things you should know - if it has been used then we will only refund up to 50%" ???
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 1 year ago.

I purchased a tumbledryer from Appliances Online on the assumption that if it was not right - I could return within 14 days. I specifically asked the girl on the phone and this was confirmed. There was no caveat on the phone that there would be up to 50% discount if it had been used. We now wish to return so I spoke to AO within the 14 day period. Then I was told that there would be a charge of 45% if the machine had been used. I said that this was not mentioned in the telephone conversation and was told that it was detailed on the website. If you have a minute Jo and look at the 14 day return policy you will see why I am a little perplexed as the bald statement regarding free return with in 14 days is subsequently modified by the "things you should know" comment which then details the charge if the product has been used.

I hope that this makes sense !! Thanks

Expert:  Jo C. replied 1 year ago.
Are you trying to claim an exchange or a refund?
How quickly did you seek to return it?
Customer: replied 1 year ago.

The order is dated 12th April 2015 with an invoice date of 14th April 2015. I spoke to them this morning the 24th April 2015

I am happy for an exchange as the main problem is the dimensions.

Expert:  Jo C. replied 1 year ago.
When was it delivered?
Customer: replied 1 year ago.

Hi Jo. Tuesday 14th April was delivery. We subsequently changed doors under worktops to try to fit it in....and of course we used it for drying clothes

Expert:  Jo C. replied 1 year ago.
If the delivery was on 14th April then you have 14 days under the distance selling regulations to cancel unconditionally.
Whatever is on their website or was said on the telephone matters not.
They can charge for delivery and collection though.
If the goods are damaged then they can obviously charge for that.
If this is an item in good order though then they need to provide a refund under the DSR.
If they refuse then your only option is to sue.
If you paid by credit card then you could claim a refund under S75 CCA.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69783
Experience: Over 5 years in practice
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Customer: replied 1 year ago.

Thank you Jo ...that is pretty clear but for final clarification you are saying that the fact that the appliance has been used is irrelevant ?

Expert:  Jo C. replied 1 year ago.
Yes.
Unless it has been damaged.
Obviously whether it has been used may make a difference to the offer they made but it doesn't make any difference to the DSR.
Customer: replied 1 year ago.

Jo, with regard to our correspondence of last evening I write to advise you that the distance selling regulations you referred to, were replaced in June 2014 by the new European directive

Expert:  Jo C. replied 1 year ago.
Yes, and they grant 14 days rather than the old 7.
Actually they haven't been replaced because directives cannot do that. They have been amended by application of domestic law.
The European Directive is never law in the UK.

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