Buying online..Cooling off Period

jimbobwalton

Wife was looking online at buying a dress from an irish website. We noticed on the website that it said

Please note that “Sale” products are non-refundable

We were under the impression that Consumers are entitled to a cooling-off period of 7 days, which begins on the day that they receive the product

So anyway we emailed the company and mentioned the above and received the following
I'm afraid our company policy of no refunds on sale items still stands and it is brought to your attention prior to purchase so by buying the dress you are agreeing to accept our policy. Our policy does not affect your consumer rights whatsoever. Our sale items are non-refundable and we adhere to this policy, you may have an exchange for any other dress of the same value or any of our bags, alternatively you can have credit with our company until you see something else you would like in exchange.

Would like your thoughts

jor el

I think this is more a consumer issue, so I'll move it here.

I'm not sure of this, but I always thought that the cooling off period applied to everything, sale items included. You may want to contact the National Consumer Agency, at www.consumerconnect.ie to see if that is the case. I've never seen anything that exempts sale items though.

Gamesnash.ie: Pat

AFAIK the regulations apply to all purchases and no exception is made for "sale" items. Exceptions can be made for custom designs etc where the customer has ordered a particular alteration unique to themselves.

wmpdd3

OP you are right:

http://www.consumerconnect.ie/eng/Hot_Topics/Guides-to-Consumer-Law/Shopping-from-Home/cooling-off-period.html

To give the seller the benefit of the doubt, maybe they offer an exchange but not a refund?


There is a fair bit of information here:
http://www.consumerconnect.ie/eng/Hot_Topics/Guides-to-Consumer-Law/Shopping-from-Home/distance-selling.html

I had to look it up, I knew this was the case in England but wasn't sure if it also applied to Ireland.

jimbobwalton

We contacted the National Cosumer agency on Friday and they said they would phone us back on the issue. I assume it was a clear cut right..& days cooling off. I dont think you can just give your statatory rights away bu agreeing to anything

jimbobwalton

National Consumer agency contacted us today ..and agreed thats the website was in breach of the distance selling act a full refund is due if cancelled in the cooling off period ...regarless of what they say you agree to in their terms and conditions

Max Power1

Under the Distance Selling Regulations, you are entitled to a 7 day period in which you can return the item (at your own expense) for a full refund of all costs paid.

Cabaal

Max Power1 wrote: »

Under the Distance Selling Regulations, you are entitled to a 7 day period in which you can return the item (at your own expense) for a full refund of all costs paid.

I believe its actually 7 working days, not just 7 days

slimjimmc

7 working days it is, from you receiving the goods, not ftom the order date.
http://www.consumerconnect.ie/eng/Hot_Topics/Guides-to-Consumer-Law/Shopping-from-Home/cooling-off-period.html

Whenever you purchase online you are given a "cooling off" period of at least seven working days from the date of receipt of the goods in which to consider your purchase.

Before the end of the seven days you must decide whether you want to keep the goods, or cancel the order, return the goods and get a refund.

The seven working days can be extended to a maximum of three months if the web trader fails to provide you with the required information outlined under Distance Selling Rules.

During this cooling off period you don't have to give a reason for returning the goods.

But remember that if you are cancelling in this way rather than returning faulty goods, you may have to pay for the cost of returning the item.