Do I have to refund?

Central · 24-11-2009, 20:03

Hello

I recently sold a Nokia N97 on Amazon marketplace. I had the email confirmation last night to say it had sold and Amazon have the money and told me its safe to send it. I sent the phone today and confirmed this on Amazon site.

I have now had a email from the seller saying they wish to cancel the order as they thought it was a Nokia N97 mini.

I never once mentioned the word mini in my ad nor gave the impression it was one.

Do I have to refund the money as I have already put it aside for other things.

Cheers

**Chris** · 24-11-2009, 20:22

No you don't. Provided your ad was accurately worded, they don't have a right to a refund. Whether you choose to refund them and cancel the sale is up to you.

Central · 24-11-2009, 20:25

This is exactly what the ad said

Nokia N97 Sim Free Mobile Phone - Black [Electronics]

Used a few times. Does not come with speakers. Comes in original box with headphones and charger. Also includes a 1gb micro sd card.

dev · 24-11-2009, 20:50

Don't you have to refund up to 7 days due to the distance selling regulations? (The buyer has a 7 day cooling off period)

Wayfair · 24-11-2009, 20:57

The distance selling regs don't apply to a private seller iirc, and here I am assuming Central is a private seller.

24-11-2009, 21:01

I would imagine whatever you have to do will be in the terms you agreed to with amazon surely?

v0id · 24-11-2009, 21:07

What's a Nokia N97 mini?

Tony. · 24-11-2009, 21:10

Quote:

Originally Posted by v0id

What's a Nokia N97 mini?

One of these

http://shop.nokia.co.uk/nokia-uk/pro...x?sku=10206701

Central · 24-11-2009, 22:06

Thanks to everyone for the advice

webcrawler2050 · 24-11-2009, 23:01

Dsr is 14 working days. No no refund necessary, typical case of the buyer not reading properly

24-11-2009, 23:28

Quote:

Originally Posted by webcrawler2050

Dsr is 14 working days. No no refund necessary, typical case of the buyer not reading properly

where do you get that from?

Quote:

you must give consumers clear information including details of the goods or services offered, delivery arrangements and payment, the supplier's details and the consumer's cancellation right before they buy (known as prior information)
you must also provide this information in writing
the consumer has a cooling-off period of seven working days]

Taken from http://www.oft.gov.uk/advice_and_res...g-regulations/

You can obviously add a weekend as that does not count as business days

---------- Post added at 23:28 ---------- Previous post was at 23:21 ----------

if you read the PDF it outlines 7 working days from delivery now that could mean you count delivery day as day 1 or you may count the day after as day one so in reality you either get 9 or 10 days

webcrawler2050 · 25-11-2009, 01:00

Fair enough. Been changed. Used to be 14 working days. My mistake

Charlie_Bubble · 25-11-2009, 09:06

If you had said it was a mini and then supplied a normal one, yes you would have to refund, but it's their stupid fault for not being able to read properly.

BenMcr · 25-11-2009, 09:14

If the DSR applies then you would have to refund:

For goods:
provided you give your consumer the required written information
no later than the time the goods are delivered, their cancellation
rights end seven working days after the day on which they

received the goods

**Chris** · 25-11-2009, 09:21

Quote:

Originally Posted by webcrawler2050

Fair enough. Been changed. Used to be 14 working days. My mistake

I can't find anything to suggest it has ever been 14 days.

---------- Post added at 09:21 ---------- Previous post was at 09:14 ----------

Quote:

Originally Posted by BenMcr

According to the DSR, I think yes you would have to refund:

For goods:
provided you give your consumer the required written information
no later than the time the goods are delivered, their cancellation
rights end seven working days after the day on which they

received the goods

You're getting ahead of yourself Ben - before looking at the rights and responsibilities provided for in the regulations, you need to establish whether those regulations even apply in this case.

The DSRs do not apply to private sellers occasionally getting shut of their stuff on the likes of eBay, Amazon or your local paper. They only apply to "traders selling at a distance in the normal course of their business" - OFT, A Guide for Businesses on Distance Selling, paragraph 2.2, page 4.

Unless what we're discussing here is Central's internet shopping business, he is not bound by the DSRs.

http://www.oft.gov.uk/shared_oft/bus...ral/oft698.pdf