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Help needed for expensive online purchase...
Hello everyone,
I hope you are all well and having a good Monday.
I desperately need some advice, so fingers crossed you can help me.
On Thursday 26/10/2017 I saw some vintage lamps for sale in a shop in Brighton. We saw the lamps and liked them so decided we would purchase them.
The shop owner said we needed to do this online and when I made the payment, this was made via paypal.
The lamps were meant to be delivered Friday at 6pm by the seller. I called him and unfortunately, he was unable to deliver at the confirmed time. I explained during this call to him I had ran in to some issues at our new flat and where we wanted to place the lamps in the lounge we would need to move a radiator and I needed to get a bit of advice from a plumber on costs and I would feedback to him.
After reviewing costs and all the hassle, I decided it was best to cancel our order, so I messaged the seller on the 29/10/2017 via text saying that the lamps wouldn’t work for us, and I would call him on the 30/10/2017.
The seller contacted me to say on the 30/10/2017 I could not cancel the order as I had seen the lamps, I explained we had purchased online and he said his terms and conditions of sale did not allow for cancellation and the following applied for cancellation reasons
1. we can only refund if goods are not fit for purpose, are faulty or have been grossley misdescribed at point of sale
Their terms then go on to confirm the cancellation policy process…
Under the Consumer Contracts Regulations 2013, if you buy online or by phone, your consumer rights entitle you to a full refund if you request one in writing within 14 working days of receipt.
Consumer Contracts Regulations 2013 and it confirms the following
This legislation offers you the following cancellation rights when you buy online or by phone.
• You are entitled to cancel your contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the products or services.
• Your right to return products does not apply to products made to your specification, that have been clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
• If you wish to exercise your right of cancellation, you are obliged to retain possession of the products and take reasonable care of them.
• To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address.
• You can cancel by email: or write to: If you decide to cancel, you should return the products to us at your cost within 14 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to products to which cancellation rights apply. This excludes the cost of delivery.
• We will make a deduction from the reimbursement for loss in value or damage of any products supplied to you, if the loss is the result of unnecessary handling by you and or third party couriers provided by you. We will also deduct the cost of any repairs/replacements/restoration or alterations you have requested prior to purchase. We will make the reimbursement no later than 14 days after the day we receive back from you any products supplied.
I have spoken to the seller who has confirmed I am not entitled to a refund as I do not meet the 3 criteria as per the terms
we can only refund if goods are not fit for purpose, are faulty or have been grossley misdescribed at point of sale
which I have outlined above and that he has discussed this purchase with paypal who confirmed he was correct not to refund and that by purchasing online I have agreed to his terms and therefor because I don't meet the 3 criteria I am not eligible for a refund.
At no point during the online purchase process did it alert me to read the terms or conditions or ask me to tick a box that I had read and understood their terms of sale.
I have explored a little further on paypal today about reporting a problem with a purchase and it only offers you 3 options to report a problem
1 I didn’t receive an item purchased
2 Item is not as described
3 Unauthorized activity on the account
I haven’t had the item delivered as the seller couldn't deliver at the agreed time, so the seller still has it.
Looking on line it also looks like I am covered by distance selling legislation and I have the right to a cooling off period of 14 days.
I have written an email confirming the cancellation on the 30/10/2017 to the seller, and I have tried to speak to the seller to find a way forward without the situation becoming lengthy and drawn out to find other solutions however he will not refund me my monies.
Any advice would be greatly appreciated.
Best wishes
Penny
I hope you are all well and having a good Monday.
I desperately need some advice, so fingers crossed you can help me.
On Thursday 26/10/2017 I saw some vintage lamps for sale in a shop in Brighton. We saw the lamps and liked them so decided we would purchase them.
The shop owner said we needed to do this online and when I made the payment, this was made via paypal.
The lamps were meant to be delivered Friday at 6pm by the seller. I called him and unfortunately, he was unable to deliver at the confirmed time. I explained during this call to him I had ran in to some issues at our new flat and where we wanted to place the lamps in the lounge we would need to move a radiator and I needed to get a bit of advice from a plumber on costs and I would feedback to him.
After reviewing costs and all the hassle, I decided it was best to cancel our order, so I messaged the seller on the 29/10/2017 via text saying that the lamps wouldn’t work for us, and I would call him on the 30/10/2017.
The seller contacted me to say on the 30/10/2017 I could not cancel the order as I had seen the lamps, I explained we had purchased online and he said his terms and conditions of sale did not allow for cancellation and the following applied for cancellation reasons
1. we can only refund if goods are not fit for purpose, are faulty or have been grossley misdescribed at point of sale
Their terms then go on to confirm the cancellation policy process…
Under the Consumer Contracts Regulations 2013, if you buy online or by phone, your consumer rights entitle you to a full refund if you request one in writing within 14 working days of receipt.
Consumer Contracts Regulations 2013 and it confirms the following
This legislation offers you the following cancellation rights when you buy online or by phone.
• You are entitled to cancel your contract if you so wish, provided that you exercise your right no longer than 14 days after the day on which you receive the products or services.
• Your right to return products does not apply to products made to your specification, that have been clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
• If you wish to exercise your right of cancellation, you are obliged to retain possession of the products and take reasonable care of them.
• To exercise the right to cancel, you must inform us of your decision to cancel your contract by a clear statement, including details of your name, geographical address, details of the order you wish to cancel and, where available, your phone number and email address.
• You can cancel by email: or write to: If you decide to cancel, you should return the products to us at your cost within 14 days of such cancellation and we will reimburse to you (by the method used to pay for the original transaction) the amount in relation to products to which cancellation rights apply. This excludes the cost of delivery.
• We will make a deduction from the reimbursement for loss in value or damage of any products supplied to you, if the loss is the result of unnecessary handling by you and or third party couriers provided by you. We will also deduct the cost of any repairs/replacements/restoration or alterations you have requested prior to purchase. We will make the reimbursement no later than 14 days after the day we receive back from you any products supplied.
I have spoken to the seller who has confirmed I am not entitled to a refund as I do not meet the 3 criteria as per the terms
we can only refund if goods are not fit for purpose, are faulty or have been grossley misdescribed at point of sale
which I have outlined above and that he has discussed this purchase with paypal who confirmed he was correct not to refund and that by purchasing online I have agreed to his terms and therefor because I don't meet the 3 criteria I am not eligible for a refund.
At no point during the online purchase process did it alert me to read the terms or conditions or ask me to tick a box that I had read and understood their terms of sale.
I have explored a little further on paypal today about reporting a problem with a purchase and it only offers you 3 options to report a problem
1 I didn’t receive an item purchased
2 Item is not as described
3 Unauthorized activity on the account
I haven’t had the item delivered as the seller couldn't deliver at the agreed time, so the seller still has it.
Looking on line it also looks like I am covered by distance selling legislation and I have the right to a cooling off period of 14 days.
I have written an email confirming the cancellation on the 30/10/2017 to the seller, and I have tried to speak to the seller to find a way forward without the situation becoming lengthy and drawn out to find other solutions however he will not refund me my monies.
Any advice would be greatly appreciated.
Best wishes
Penny
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