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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48190
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My wife bought me a original painting from an art gallery (we

Resolved Question:

My wife bought me a original painting from an art gallery (we are the 1st owners) in London for my 50th birthday thinking I would love it, however I don't what is I rights regarding a refund
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. When did she buy it?
Customer: replied 1 year ago.
it was paid for in November but is was only delivered this Monday the 22nd of Feb as this was my birthday.
Expert:  Ben Jones replied 1 year ago.
A consumer’s rights in this situation are mainly determined by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. These Regulations apply to contracts for sales conducted on the trader’s business premises, off the trader’s premises (e.g. at the consumer’s home) and at a distance (e.g. online). In your case the contract was made on the seller’s premises. All types of transactions are subject to the requirement by the trader to issue the consumer with specific pre-contractual information, as long as it is not a contract entered off the trader’s premises for a value of less than £42. If this information is not provided then the consumer would not be bound by the contract and it can also be a fineable offence for the trader. Details of the required information can be found here: http://www.legislation.gov.uk/uksi/2013/3134/schedule/1/made In terms of cancellation rights, these only apply to off-premises and distance contracts. In your case you would not have the right to cancel or ask for a refund because you had bought the item on the seller’s premises. The only way to try and claim this would be to show that the required information detailed in the link was not provided, which would make the seller in breach of contract. If they did supply the required information, then there would be no right to a refund I’m afraid, unless they agree to use one. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
The painting was not purchased on the premises, we saw it in the gallery and then my wife inquired if it were still available a week or so later and payed either by card or bank transfer.
Expert:  Ben Jones replied 1 year ago.
So how did she buy it - over the phone?
Customer: replied 1 year ago.
there were some phone calls and emails
Expert:  Ben Jones replied 1 year ago.
Ok thank you for clarifying. If she only viewed the artwork in the gallery and then formed the contract at a later stage over distance (e.g. online or on the phone) then this can be treated as a distance contract. In terms of cancellation rights, the statutory cancellation periods for goods are that you have the right to cancel the purchase and return the item for a refund within 14 days after the day the goods came into the physical possession of the consumer. If this was a bespoke painting commissioned by her it would not be eligible for a refund, but if it was a painting already in existence, it would be covered. Hope this clarifies things for you?
Customer: replied 1 year ago.
thank you you have been most helpfull
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best
Customer: replied 1 year ago.
The Vendor has come back with this responseBridget as the customer (and you of course) had seen the painting and expressed that she wanted to buy it on the night you were in the gallery. Under the document: Sale of goods and services and data protection – there lies the following clause under the heading, When you don’t have to offer a refund - You don’t have to refund a customer if they: no longer want an item (eg because it’s the wrong size or colour) unless they bought it without seeing it. (https://www.gov.uk/accepting-returns-and-giving-refunds). Therefore the advice you were given from your solicitor involving the Consumer Rights Act is not applicable. This is all based on advice that I have now been given to respond to you with.
Expert:  Ben Jones replied 1 year ago.
The seller is misguided on this point – this is to do with items which are faulty, not as described or not of satisfactory quality. This is not the reason for return here – it is a return of an item bought over distance. The relevant rights will be further down the document under the heading Online, mail and phone order sales, which states: “Online, mail and telephone order customers have the right to cancel their order for a limited time even if the goods aren’t faulty. Sales of this kind are known as ‘distance selling’. You must offer a refund to customers if they’ve told you within 14 days of receiving their goods that they want to cancel. They have another 14 days to return the goods once they’ve told you. You must refund the customer within 14 days of receiving the goods back. They don’t have to provide a reason.” It is irrelevant if the buyer saw the item first – it is not uncommon to see something in person, keep it in mind and then go on to proceed with the purchase online or over the phone – the contract was still formed over distance so that is what matters and that is when the rights above will apply.
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
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