Thread: Distance selling and ebooks

Hi,

I recently tried to buy some books from Waterstone's online store. I did a basic price comparison with Amazon.co.uk and selected about 6 books to purchase. Unfortunately, one of the books I selected was an eBook. I didn't notice this until I received my confirmation email from Waterstones. I don't have an ebook reader and I did not download the ebook.

I immediately emailed Waterstones and asked them to cancel this order as I had ordered it in error. They have responded (five days later) that they could only refund the order if I were to order the (overpriced) physical book. When that book is dispatched they would refund the ebook order.

I have no desire to order the physical book. Firstly, I have actually just got the book in question out of a public library and secondly, the physical book is not offered by Waterstones at a competitive price.

As I understand it I have a right to cancel (distance selling regulations) so long as I do so within the cooling off period? Does this right extend to ebooks? Again I emphasize that I have not downloaded the ebook from Waterstone's site and they should have the tecnhical ability to confirm this.

Any advice? Comments?

Thanks.

You need to check whether the regs apply also to downloaded software.
I think that they do and so you have a good claim.
Check the regs to be sure - I haven't checked them

The OFT considers such things to be services and the right to cancel services applies to ebooks.

Seeing as you have not downloaded it (i.e, that you have not started the service), then you should be able to cancel (without the need to buy anything else).

hi Looking for a bit of advise. I bought a Philips Hd recorder online. There are many bugs in the firmware so my unit and all the others sold don't perform the way they should. I know I can return it for a refund, but Philips are bringing out firmware which can be downloaded direct or through usb to the recorder and solve the problems. Obviously this will save a lot of money in freight etc and hassles and would appear a common sense approach. My worry is this will not happen witin the seven day return polices of the company. Where would I stand if I waited and was not happy with results of the upgrade. Cheers James

@forumuser - It depends on the seller's terms and conditions and whether you clicked on the link to download the ebook (and thus 'started' the service). See: Distance selling rules: draft guidance from the OFT | Pinsent Masons LLP


As for ebook software, most ebooks will be delivered as a pdf document (adbode pdf), which is a free program you can download from adobe - so I'm not sure if you can use that as a reason for the refund.


@ Jimbo60 - you should start your own thread by clicking on 'start new thread' at the top of the forum.