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I attempted to buy a rug from an online retailer. Unfortunately they had discontinued the line and referred me to their supplier, who was a different online retailer, from whom I then purchased a rug and a runner. Both were expensive, but the supplier agreed to sell the rug at the price offered by the original online retailer which was a bit less than their online price. The total bill was approximately £600.
The purchase transaction took place on 28th November 2013. When the rug arrived, I contacted them because the colour was not as it appeared online (which is often the case with things bought online) and that I thought that there may be a fault with the rug because there are lumps in it and the stitching looks different in places. The appearance of the lumps look like the rug may have got wet at some point and subsequently shrunk in places.
A summary of the response from the retailer gave the following points :
- That because the rug had been discounted, I had no right to a refund
- That because I had not paid their full online price, they had sold the item as if it was 'through their shop' rather than through their website and that therefore I was not covered by distance selling regulations, or their 7 day return policy - I have never visited their shop and as far as I am concerned it was an online purchase.
- They have tried to explain that the uneveness can be normal and that the rug will need some time to settle. (we are now 2 months later and the lumps are actually getting worse). The floor is tiled and perfectly flat.
- They state that they have no legal or moral reason to refund me.
A further point to make is that the runner has still not yet been delivered (todays date 21st February 2014), when they had given a 6-8 week delivery date. They are stating that with this, the runner was a special order purchase manufactured for me and that I therefore would not be entitled to cancel it. They also state that they had held onto it because I had raised a query with the rug - this is the first I have heard of this and there was never any suggestion that this was being specially made at the time of purchase, just not in stock.
They are stating that if I wished to return the rug, they would give me credit, plus credit for the undelivered runner, less £30 for collection.
Personally, I feel that they see me as having no rights in the transaction and as such I would not wish to buy anything else from them. I have never received the runner and I am convinced that the rug has a fault with it - I have asked someone for a professional opinion and am just waiting to hear.
Can someone please give me a view on where I stand with regard to my rights and the online purchase? Can I carry out a charge-back because the payment was made with a Visa Debit card and then ask them to collect the rug? They seem to be making up the rules as they go along and keep mentioning their terms, which i have never seen and do not seem to match what I understand to be my consumer rights.
Thank you.
The purchase transaction took place on 28th November 2013. When the rug arrived, I contacted them because the colour was not as it appeared online (which is often the case with things bought online) and that I thought that there may be a fault with the rug because there are lumps in it and the stitching looks different in places. The appearance of the lumps look like the rug may have got wet at some point and subsequently shrunk in places.
A summary of the response from the retailer gave the following points :
- That because the rug had been discounted, I had no right to a refund
- That because I had not paid their full online price, they had sold the item as if it was 'through their shop' rather than through their website and that therefore I was not covered by distance selling regulations, or their 7 day return policy - I have never visited their shop and as far as I am concerned it was an online purchase.
- They have tried to explain that the uneveness can be normal and that the rug will need some time to settle. (we are now 2 months later and the lumps are actually getting worse). The floor is tiled and perfectly flat.
- They state that they have no legal or moral reason to refund me.
A further point to make is that the runner has still not yet been delivered (todays date 21st February 2014), when they had given a 6-8 week delivery date. They are stating that with this, the runner was a special order purchase manufactured for me and that I therefore would not be entitled to cancel it. They also state that they had held onto it because I had raised a query with the rug - this is the first I have heard of this and there was never any suggestion that this was being specially made at the time of purchase, just not in stock.
They are stating that if I wished to return the rug, they would give me credit, plus credit for the undelivered runner, less £30 for collection.
Personally, I feel that they see me as having no rights in the transaction and as such I would not wish to buy anything else from them. I have never received the runner and I am convinced that the rug has a fault with it - I have asked someone for a professional opinion and am just waiting to hear.
Can someone please give me a view on where I stand with regard to my rights and the online purchase? Can I carry out a charge-back because the payment was made with a Visa Debit card and then ask them to collect the rug? They seem to be making up the rules as they go along and keep mentioning their terms, which i have never seen and do not seem to match what I understand to be my consumer rights.
Thank you.
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