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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11132
Experience:  30 years as a practising solicitor.
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I bought an item from an English based company on Thursday

Customer Question

Hi I bought an item from an English based company on Thursday evening, I saw the item in there online shop and made the transaction over the phone by visa debit. Over the weekend I had second thoughts and contacted the compNy on Monday to advise that I wanted to return the item, they ignored the email, I called Tuesday and they are being difficult saying they have never had an item returned and they don't offer refunds etc. as far as I'm aware although I am a sole trader I have a cooling off period and I'm entitled to my money back, as item is unused and in original packaging. Please advise.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.

Under the 2013 Regulations a consumer has the right to send goods back for a refund where orders are placed by phone or online. Th definition of a consumer is:

"“consumer” means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;

So the simple to your question is that if you ordered the goods as a consumer you can send them back. If you ordered in the course of a business or trade you can only send them back if they are faulty or otherwise not in conformity with the contract of sale.

I hope this helps. Please leave a positive response so that I am credited for my time.