"Satisfaction guaranteed"

[Lord Byron]

This is what is written at the very top of the T & C for a mail order company I used recently.

Exactly, it says: " "Established since 1990- We want you to accept our guarantee of satisfaction""

The order I placed was returned and they deny receiving it back.

This is on top of my cancelling the order after placing it, within two minutes, and being told they never received that email, even though the headers and footers prove it was successfully sent.

My question is whether they are legally bound to meet the pledge i.e. "your satisfaction is guaranteed" and therefore refund me to make me happy.

[echat11]

Hi Lord Byron

Here is some info, it might be an idea to review their T's and C's.

https://www.asa.org.uk/advice-online...arranties.html

How did you pay for the goods? Debit / Credit Card?

[ostell]

What do you mean by "the order I placed was returned"? Did you return it or did they arrange the return?

[Lord Byron]

I returned to sender.

[ostell]

So have you claimed from the transporting company? Can they show it was delievefed

[Manxman]

Presumably you cancelled the order within 14 days as a "change of mind" for a distance sale under s29 of the Consumer Contracts Regulations 2013?

If so you do not need to worry about enforcing their satisfaction "guarantee". Instead point out s34 of the same Act, especially subsections (4), (5) and (6):

34... (4) Reimbursement must be without undue delay, and in any event not later than the time specified in paragraph (5) or (6).

(5) If the contract is a sales contract and the trader has not offered to collect the goods, the time is the end of 14 days after—

(a)the day on which the trader receives the goods back, or

(b)if earlier, the day on which the consumer supplies evidence of having sent the goods back.

(6) Otherwise, the time is the end of 14 days after the day on which the trader is informed of the consumer’s decision to withdraw the offer or cancel the contract, in accordance with regulation 44.

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)

If the retailer did not offer to collect the goods from you, I hope you have kept evidence of sending the goods back to them? s34(5)(b).

[Bestudy]

I think this reading can be of help to me