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I ordered some car-parts over the phone with Nissan to the tune of £52. As they didn't have the parts in stock I was told they would arrive at the depot overnight and be ready for collection 8.00 AM the following day but I had to pay in full which I did via a card. At this stage I was duly impressed, and told my mechanic that they'd be next delivery and he organised to start work on my truck the following day. The parts arrived.As it transpires when being under the truck it wasn't worth spending any more money on it so i phoned the Nissan garage to ser if they would restock them expecting to pay a restocking fee..I mean I hadn't even collected the parts yet...the chap I spoke to said they won't restock and won't give me a refund. Is this right? I wasn't told I wouldn't be able to return them.
Harsh, but think you'll just have to truck it up.
Shirley I should of been made aware of a no returns policy?
I don't think that's a "policy" so much as just the way things are everywhere
Distance selling regs (or current equivalent) - do they apply to phone orders?
Do distance selling laws apply here as you ordered on the phone ?
Do distance selling laws apply here as you ordered on the phone ?
yup
Oh wait, missed the fact that you collected, did you pay at the depot or over the phone?
do special order regulations apply here ? IE it was a custom order for mr tymbian.
I don't think an off the shelf part, albeit out of stock, would constitute a custom order.
depends if its a part they normally stock or not ....
custom/special order then if thats more "right"
Distance selling aside (which may apply), a shop doesn't have to give a refund if the customer changes his mind. That's essentially what's happened here, you wanted something so paid for it. Now you're saying you don't want it, nothing wrong with the goods, it's just that you've changed your mind.
Most shops would let you have a refund in these cases, but only as goodwill, not because they're under any obligation to.
Although in this case, because OP's ordered and paid for the goods over the phone without seeing them, they [i]are[/i] obliged to give him a refund under DSR albeit they are allowed to withhold any delivery charges they have incurred getting the item into stock.Most shops would let you have a refund in these cases, but only as goodwill, not because they're under any obligation to.
It's not a custom item unless it's been personalised for the OP in some way.
It's Consumer Contracts Regulations now, not DSR.
You have a right to cancel an order within 14 days of placing it, end of. They have to refund you within 14 days of them getting the goods back, which isn't an issue here as they already have them.
@lemonysam...I've not collected the parts yet. I've not even seen them.
@cougar...should I quote this in an email to them?