Distance sales act

[syrill-sneer]

I ordered a item form website who took the money from my account that same day. The next day I got an email saying that there was a problem with the order and it turns out the item is not in stock and was told 10 days for it to be delivered but 10 days later and the item is not in stock. I had a quick look around the interenet and found this is common practise for this website.

I have been told that it is against the distance selling regulation and therefore illegal to take payment for goods that are not avaliable?

 

Thanks, Tim

[Conniff]

Can you post up the website address please Tim or if you don't want to do that can you pm it to me.

[syrill-sneer]

The website was www.monstersupplementstore.com

 

I think the name of the website is designed to suck in people who might get it confused with another webiste (www.monstersupplements.com) who have a very god reputation.

 

I only ordered as they were the cheapest for the product I wanted and the website looked pretty good, wish I had searched the web first now.

[majik]

I think its plain wrong however i had the same arguement with Homebase who claim that they are doing nothing wrong and if there is a problem getting hold of the products etc that its not their fault, they then ignored all future correspondance

[gyzmo]

Just a few copies of their T&Cs:

 

Returns

Customers have the right to cancel the contract. The period in which the customer can cancel the contract starts from the day the contract is initially made, and lasts until 7 working days from the day after receipt of the goods. In such cases, the purchase price (Including the initial delivery fee) minus a 10% restocking fee will be refunded to the customer within 7 days. The 7 day refund period will begin on the day Body Source Online are in reciept of the goods. This cancellation right is in addition to your right to reject goods if they are not of satisfactory quality, fit for their purpose or match their description.

 

Firstly, the cancellation period ends on the 7 days after goods are delivered is only applicable if they have complied with the regulations in terms of providing required information. Secondly, they are NOT permitted to deduct money for restocking or any other fee.

 

Delivery

Body Source Online will make every effort to ensure that all orders are delivered within the chosen delivery method. If this is not possible for any reason the customer will be informed by appropriate means (email, post or telephone) and their money will be refunded. Reimbursement will take place as soon as the goods are recieved back to Body Source Online.

A seller must refund asap and in any case within 30 days of a cancellation notice being received. They are not entitled to insist that goods be received before providing a refund.

 

Just btw, the legislation is the Consumer Protection (Distance Selling) Regulations 2000

[Conniff]

It is an American company based in Florida. If they decided not to send you anything, you wont have much chance of any comeback.

[buzby]

Agreed - consumers need to be very vigilant in ensuring that in their haste to acquire goods, they need to ensure they are buying from within the EU. If not, you will have zero protection (only your credit card) and no comeback when the postman arrives with a Customs Bill for some arbitrary amount, along with their fees for doing so.

[gyzmo]

I keep on saying. Just becasue they are abroad does not mean that DSRs or other English legislation applies. It is a matter of fact for a court to decide.

 

The website is talking of DSRs, and therefore, to me, clearly indicate that they wish to be bound by them.

[buzby]

But expressing a 'wish' whilst a nice touch, does not equate to a requirement for a formal coomitment to comply.

 

Look at all those web firms in the USA that charge EU VAT on purchases. Do you think that the extra money you pay ACTUALLY ends up eing paid to the EU? I don't believe it does.

[gyzmo]

Neither do I, but it is a different matter with contract. "Wish" was the wrong word. I meant "intention". I think a court would find the same.

 

In fact, looking at the T&Cs again, they have said "UK law" is applicable to the contract. Ignoring the problem of saying UK as opposed to English or Scottish law, it is clear that the DSRs apply to the contract.

[buzby]

But think on it - no firm can decide to 'opt in' to be covered by any particular law. Firms have to be EU registered in order to be legally liable for their commitments under the DSR. The term of 'UK Law' could equally be a smokescreen, as there is no such thing - it is just an extension of misrepresenting from an initial co.uk web address when the firm has no physical presence in Europe. I have an EU domain, but to have this I MUST be based within the EU, no such requirement is required for co.uk or uk.com.

[gyzmo]

I think the whole thing put together shows clearly that the company intends to be bound by English or Scots law. Many contracts indicate the applicable law that they wish to be bound to - there is no requirement to be in that particular country. You can see it on many a contract - "English law will apply unless we agree otherwise". If it is a smoke screen in that theyhave no intention of being bound to any jurisdiction, then it it nothing better than a [problem] site.

 

But if I were to go to court, I see no reason why the court would not say that they have no jursidiction.

[buzby]

Since they wouldn't defend - it would be academic anyway, as the courts couldn't enforce repayment. Bailiffs aren't known to have much clut in Florida!