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MCOL Claim Against Lighting Retailer


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Not sure if this is the right sub-forum, but would appreciate some advice regarding the following.

 

 

My wife and I purchased some lighting from a specialist online/high street retailer a few months ago...which was done as follows.

 

 

The company sell lights/lamps from various Manufacturers on their website, which are not bespoke in any way (they are not custom made/made to our specification...they are simply lamps/lights like any other customer could buy). After receiving an initial quote from the company via email for some items we were interested in, we changed the items a few times before settling on the final requirement list (but never received a final quote to order from...we were simply emailed an invoice to be used to order). Note all conversations/engagements with the retailer were conducted via email/telephone/their website.

 

 

We then sent the money via bank transfer to place the order (a total of around £1,800, of which the 2 lamps came to roughly £850)...and had to wait a few weeks whilst the lamps were shipped from the Manufacturers in Italy to the UK retailer...and then shipped on to ourselves. Upon receipt, we didn't like the quality of a couple of the lamps...and contacted the Online shop asking to return the items on the same day they were received.

 

 

We were advised we had no right to a return, as the lamps had been made especially for us...and it was noted on the first quote we received that they could not be returned once ordered (which I then checked, and it was a small clause at the bottom of the original quote).

 

 

From speaking to Citizens Advice, they confirmed that as the lamps were not bespoke in any way, that we hadn't provided specifications to which the lamps had to be made...and had essentially bought a product that could simply be ordered by any other customer...that the retailer had to comply with the 14 day returns period. So we started an MCOL Claim against the retailer from that point...and also returned the lamps via Parcelforce (which the retailer confirmed they had received).

 

 

We are now at the stage were the retailer has launched a defence against our claim, but they have yet to return the DQ form and have had a General Sanctions Order raised against them a week ago (we can enforce judgement in 1 week now if they don't respond).

 

 

Hopefully all of the above is clear...my question is, have we been correctly advised by Citizens Advice that the 14 days return period is our legal right, or has the retailer covered themselves by adding the 'no returns on this product' note on their original quotation?

 

 

I have a feeling the retailer is dragging it out as long as possible, and will file the DQ form right before the 2 weeks are up, which will mean a visit to court...so I want to make sure we do have the law on our side before that point!

Edited by Deviskan
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