Ordered. paid for lights online - rang, not in stock, offered alternative

Plek Trum

Hello,
quick query, appreciate opinions.
Orders 10 downlights online from a large Dublin store Sunday night plus another light.

Rang the office on Monday to see when they could dispatch and was told they did not have the 10 of the lights I needed in stock. They checked with their supplier, I was told it would be a 2 - 3 week wait. None of this stated at time of order. Shop offered me an alternative. The dimensions however are unsuitable (recessed lighting , existing holes cut in ceiling)

Contacted the shop today to explain their offered replacement was not suitable, cancel that order and issue refund. Was THEN told that they had ordered the original ordered lights for me from supplier, (despite being told I was getting an alternative) and that they could not issue a refund, only a credit note! You are talking nearly 300euros , I do not need any other lighting.

Spoke with the manager and he said that the order goes through automatically online, they contacted the supplier who apparently said they are arriving in UK tomorrow, possibly Ireland Friday and I should have them by next Monday.

I don't particularly mind the wait but have a feeling I am being slightly fobbed off as the lead time was 2 - 3 weeks just on Monday.

Can I request a full refund next Wednesday if they fail to deliver them by then? Once the issue of refund, politely , was mentioned they magically seemed to be in the system and on the way.

Any thoughts or opinions?

P. Breathnach

It can be quite difficult to win a battle over delayed completion of a contract. The vendor could have delivered a long time before the time it gets into the legal process. Picture the judge saying, probably in a testy manner: "You got your lights. What's the problem?".

Paulw

http://www.citizensinformation.ie/en/consumer_affairs/consumer_protection/consumer_rights/distance_selling.html

from the Rules section:

Where the goods sought by the consumer are unavailable, equivalent goods may be provided. This can only be done where the consumer has consented to this arrangement before the contract is made and the consumer is informed that if he or she decides to withdraw from the contract, then no cost of returning the equivalent goods can be deducted by the supplier.

If you want a full refund, then they must provide a full refund, and a credit note does not have to be accepted.

Plek Trum

Thanks guys - yes, I don't see why I should have to accept a credit note if he cannot provide what I paid for. for now I'll give benefit of the doubt, there's a chance they will be here next week, just means I have to reschedule electrician.

If they don't arrive by Thursday though I'll insist on a refund and source anywhere. I think this is reasonable??

runawaybishop

Cooling-off period

Consumers are entitled to a cooling-off period of 7 days, which begins on the day that they receive the product. In the case of a service, the cooling-off period begins on the day the contract for distance selling was concluded or the day written confirmation of the contract was received. During the cooling-off period, the consumer can cancel distance contracts without giving a reason and without incurring charges or penalties other than possible charges incurred in returning the goods

You can change your mind and get a refund legally even if tehy arrived tomorrow. I don't know why they are telling you that you will only get a credit note.

Plek Trum

Thanks for that - yep, as soon as the mention of refund came up the credit note was mentioned and then a quick check and call to their own supplier revealed that somehow the lights had actually been ordered and were despatched, on their way via UK. I'm trying to give benefit of the doubt but I will start kicking up a stink if Im being fobbed off and will have to wait the three weeks.

Next week will tell a lot, fingers crossed all is legit and its just "one of those things".. I'll be reasonable and let them try and fulfil their promise that they will be here by Tuesday.

sandin

runawaybishop wrote: »

Cooling-off period

Consumers are entitled to a cooling-off period of 7 days, which begins on the day that they receive the product. In the case of a service, the cooling-off period begins on the day the contract for distance selling was concluded or the day written confirmation of the contract was received. During the cooling-off period, the consumer can cancel distance contracts without giving a reason and without incurring charges or penalties other than possible charges incurred in returning the goods

You can change your mind and get a refund legally even if tehy arrived tomorrow. I don't know why they are telling you that you will only get a credit note.

But if its a trade purchase, as this may be, the rules are different.

So if the OP was ordering from a trade site and for delivery to a business, consumer law would not apply.

If its a trade site, the price would be quoted ex vat and vat added at checkout.

If its a consumer site, the 7 days legal cooling off period applies.

Plek Trum

That's interested Sandin - upon check out the total price we thought we were paying was quoted as 'ex VAT', another line stated the VAT amount and then the 'new' total. Whats the difference in this scenario???

dudara

If you bought as a regular consumer, and not for use as a business, then consumer law and rights apply.

If you bought as part of a business, then you do not have consumer rights.

Plek Trum

Just a regular customer - we'll see what next week brings, fingers crossed all goes well....