It's easier to just post my Trustpilot review here as it explains everything. My question is - can they legitimately refuse to provide me with a refund for a product which they haven't supplied?
--- BEGIN REVIEW ---
I ordered a number plate for urgent next day delivery to go on my bike rack.
After the payment process there was a full page detailing the paperwork requirements. As a company car, I wasn't able to get the documentation to them in time for next day delivery.
I tried to cancel the order but I was told that it wasn't possible.
After the payment process there is a full page detailing the paperwork requirements. Before the payment process, there is indeed mention of the requirements - in the 10th section of the terms and conditions.
I'm no idiot and recognise that the terms & conditions should be read. My argument is that if they can dedicate a full page to detailing the paperwork requirements *after* payment has been taken, then they can also do so *before*. To bury something essential to the order in the Ts & Cs is disingenuous at the least. I won't go so far as to say 'fraudulent' but I feel aggrieved and wonder how many other people have been in my situation.
I was told that to clearly put this information before the payment page was impossible, according to their web team. As an e-commerce developer myself, I explained that the excuse won't wash. At which point I was sarcastically told that 'Perhaps you should manage our website for us'.
As it is, they are refunding my postage but not the cost of the plate that I ordered.
For a company which lauds it's legality over and above others, I'm wholly disappointed by the experience.
-- END REVIEW ---
Just do a chargeback on your card or paypal dispute. Easy.
Also, you can easily buy "show" plates on eBay which fulfill all the requirements of a legal plate with no documents needed. That's what I ordered my Ford bike rack and same for the new plates on my Volvo which passed an MOT perfectly ok.
Yeah, that's what I did in the end.
I paid with my debit card though so not sure how/if I can do a chargeback?
Consumer rights I presume are trumped by need for the custom/specific info?
Ooh. Good one this.
First up. The "right to cancel" I spoke about on the other thread doesn't apply to bespoke goods, so you're on a non-starter here.
However, there is a list of documentation requirements they are legally obliged to provide you before taking payment, and this should be on a "hard" medium (an email will suffice - I expect many retailers are falling foul of this). This includes detailing things like who is liable for postage on a return and suchlike. Their failure to provide this improves your right to cancel, so you might have some redress here. I'll need to Google requirements, it's a long list. Hang on.
cynic-al - That's what they're arguing. Other reviews seem to suggest that it's not as clear-cut as that but I can't find anything in the Consumer Rights Act that clarifies the situation.
Thx Cougar. Seems like a murky situation!
Here.
http://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations
[i]For distance or off-premises sales Key information which the trader must provide includes:
[b]details of any right to cancel[/b] - the trader also needs to provide, or make available, a standard cancellation form to make cancelling easy (although you aren’t under any obligation to use it)
...
Failure to provide the required information, or to provide it in the way set out in the regulations, could result in cancellation rights being extended by up to a year.
The information should be given in writing in a 'durable medium' such as on paper or by email.
Alternatively, it can be provided in a way appropriate to the means of communication, so verbally if the contract is made by phone. [/i][I didn't know this bit, every day's a school day][i]
You are also entitled to confirmation of the contract and if the information wasn’t initially provided in a durable form, the trader must provide it at the point of confirmation.
...
Always check the terms and conditions[/i]
This is a bit wooly, in that there's no explicit demand that they have to give you that specific information (hardly surprising, it's a generic rule). However, the spirit of the rules are clear, a retailer cannot hide information (see the bit on hardware compatibility for instance).
I'd wager that you would be on shaky ground if you'd had the plate delivered. However, given that you couldn't provide the necessary paperwork I would assume that the plate couldn't be created so they aren't out of pocket. So really, they're just being arsey. The crux of it I suppose is, [i]did they clearly communicate your rights around cancellation before payment was taken?[/i] If not, they fall foul of their duty of "delivering key information."
Much appreciated, thanks. You're quite correct, no plate has been delivered and nor will it be.
I need to think about how to approach this. The monetary value is almost insignificant but I'm a stickler for principle. Added to that, sarcasm in customer service really grinds my gears.
