Mail order
Three weeks ago, I ordered a new blender from a catalogue. They say you have 14 days to try the item, but although I have paid in full, the blender still hasn’t arrived, and apparently hasn’t even been shipped. Have my 14 days already expired? Must I wait indefinitely for delivery?
A ‘cooling off period’ is the time during which consumers may reject most products bought at a distance without having to provide a reason. By law (under the Distance Selling Regulations, 2000), the cooling off period lasts for seven days starting from the time of delivery. In cases such as yours, where a company guarantees a longer cooling off period, this is still considered to begin from the date of delivery. If a company is slow to deliver, you don’t have to wait forever. Retailers are obliged to deliver within 30 days, and if they cannot meet this deadline, they must offer you the opportunity to cancel the order and receive a refund. The refund must then be provided within a further 30 days. A retailer who cannot deliver a requested product in time may provide you with an ‘equivalent’ product. If this alternative is not to your satisfaction, however, you may reject it, in which case the retailer must pay for the return of the goods.
I bought a dress recently on mail order and found I was charged more than the price shown on the catalogue even though the delivery charges were supposed to have been included. What can I do to get my money back?
When you make a purchase from a catalogue, or by any other distance method, you are entitled to certain information before the purchase goes through. This information must include:
- name and address of the retailer
- detailed description of the goods
- total price including taxes and delivery charges
- arrangements for payment and delivery
- details of the cooling off period.
If you did not receive full confirmation of these details, the cooling off period is legally extended from seven days to 90 days, and so you may reject the dress within this timeframe. If more than 90 days has passed, you may be deemed to have accepted the dress, and your rights may be diminished. If you believe the company deliberately misled you by advertising an incorrect price and failing to inform you of this before purchase, you should complain in writing and ask for your money back. You can also complain to both the Advertising Standards Authority for Ireland and to the National Consumer Agency, which has responsibility for enforcing the Distance Selling Regulations.
The electrical carpet cleaner I bought on mail order turned out to be faulty. The company agreed to send out a replacementmodel, which duly arrived. They said I should contact them to have the old model taken away, but despite several phone calls, letters and emails, it is still sitting in my hallway. Do I have to put up with this?
Under the WEEE Regulations 2005, retailers are obliged to take back an old electrical appliance for recycling when they deliver a new appliance of the same type. This applies to replacement products as well as to original purchases. When the new product is delivered, the retailer is legally required to provide 24 hours notice to take away the old one, or must otherwise collect it within 15 days of delivery. If the 15 days have passed, you should complain to the retailer in writing, reminding them of their obligation to pick up the broken cleaner for recycling. Alternatively, you can report them to the Environmental Protection Agency, which is responsible for enforcing the WEEE Regulations. If you decide not to pursue the complaint further, you can also bring the carpet cleaner to a civic amenity site, where you can deposit it for recycling free of charge. Contact your local authority for details of civic amenity sites.
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With such poor enforcement action our BEUC consumer conference in Brussels confirms the absolute necessity for group action powers.#consumer 2012/05/10