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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11125
Experience:  30 years as a practising solicitor.
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I purchased an item on line a briquette maker with a Company

Customer Question

I purchased an item on line a briquette maker with a Company called NOrth Energy Systems in Aug 2013 I paid £4010. I was told it would be 6 weeks delivery as it was
coming from China. No item has been received the Company only reply by text stating it is still on the way. Paypal say I am out of time for them to act. The Company say it is a non refundable item. Can I legally demand my money back from them? If so what is the position?
Submitted: 3 years ago.
Category: Scots Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

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

Ben Jones :

Is the company you purchased it from based in the UK?

JACUSTOMER-ig5brmkr- :

Yes in Scotland and I paid VAT included in the price.

Ben Jones :

ok I will need to move your question to our Scots law section, someone will hopefully pick it up soon

Expert:  JGM replied 3 years ago.
Thank you for your question.

Did the company tell you it was a non refundable item at the time you entered into the contract to purchase it?

How were you advised that there was a six week delivery time? Was that time period incorporated into the contract?
Customer: replied 3 years ago.
No mention was made it not being non refundable.

Yes there was some mention of delivery being between 4to6 weeks
Expert:  JGM replied 3 years ago.
It appears to me that if there has been undue delay on the part of the seller you are entitled to rescind the contract and ask for your money back.

As you ordered the goods online, you would be entitled to send them back within seven days of receiving them and ask for a refund under the Distance Selling Regulations in any event. For that reason there is no prejudice to the seller in simply refunding your money now.
Expert:  JGM replied 3 years ago.
Can I help you further with this?
Customer: replied 3 years ago.

Thank you I will leave a excellent service reply, but please the last


question, the seller refuses to give a refund and now says item will


arrive in December, we do not want this item now, we do not think it will arrive anyway. Tesco our credit card have now refunded us the £4010


to my credit card, but says the seller has 45 days to appeal and can take the money back so we are unable to spend this money to buy a replacement machine elsewhere. Is there anything we can do to stop the machine arriving and cancel the order even though the seller disagrees. I realize we are safe after 45 days but would rather cancel it all now how and have piece of mind. Thank You.

Expert:  JGM replied 3 years ago.
All you can do is instruct the seller not to deliver it on the basis that you are treating the order as cancelled. If he ignores that and it arrives you will then have to send it back under the Distance Selling Regulations.