Used 911

Author
Discussion

Ian in Halifax

Original Poster:

129 posts

115 months

Monday 1st September 2014
quotequote all
I wonder if anyone can advise me. I ordered a used 911 from a Porsche main dealer put my 3k deposit down over the phone as it was a sale off the Porsche intranet. Ive since been made another offer for another 911 from a Porsche main dealer, so I phoned up to cancel the order which as a distance sale shouldn't be a problem, I believed.
However as I ordered a Aerokit to be fitted to the car at the same time im told that I have to buy the Aerokit. The Aerokit is listed on the vehicle order form and makes up the bill of sale and will form part of the outstanding amount of finance.
The Porsche dealer tells me that the Aerokit has been ordered from Porsche (I placed order for car Saturday) and is non refundable by Porsche I therefore have to pay for the kit.
Can anyone advise me if the dealership is correct in this instance.

Phew

thegoose

8,075 posts

210 months

Monday 1st September 2014
quotequote all
I think the fact that you're within 7 days of ordering means cancelling is easier. Parts can always be sent back (it's not like they'll already have been painted in this case), but there's usually a handling charge.

If the OPC and know they're definitely losing the order they may well do their best to hang on to some of the customer's money their my time and trouble, but it doesn't mean they're entitled to.

Ian in Halifax

Original Poster:

129 posts

115 months

Monday 1st September 2014
quotequote all
Thanks for that I dont mind paying the handling charge at all but I will hold out for full amount.
Regards Ian

Wozy68

5,390 posts

170 months

Monday 1st September 2014
quotequote all
Some parts from an OPC ordered from Reading/Germany are non refundable so you might have problems there.

Ian in Halifax

Original Poster:

129 posts

115 months

Monday 1st September 2014
quotequote all
Thanks Wozy i can understand that but I only ordered car saturday surely the parts wont have been delivered yet and at no time was I made aware that the parts ordered are non refundable. Again thanks for the comment.

jackliebling

506 posts

173 months

Monday 1st September 2014
quotequote all
Distance selling act stipulates that you are entitled to a full refund of anything purchased over the phone or Internet within 7 days... Just tell them that you know your rights and will contact a lawyer should they insist on charging you a penny... That should work

PGNCerbera

2,930 posts

166 months

Monday 1st September 2014
quotequote all
jackliebling said:
Distance selling act stipulates that you are entitled to a full refund of anything purchased over the phone or Internet within 7 days... Just tell them that you know your rights and will contact a lawyer should they insist on charging you a penny... That should work
this.
you'll be fine.

Ian in Halifax

Original Poster:

129 posts

115 months

Wednesday 3rd September 2014
quotequote all
Thanks for the responses and advice everyone. I did get my money back in full dealer was a bit annoyed that his sales team had ordered an Aerokit at 3.5 k without me signing order thus committing fully my deposit. With regards to my (your rights) I did a lot of research and the definitive answer is :

1) Distance selling regs over the phone ONLY apply if the vendor NORMALLY sells over the phone (by default this would mean ((and this is my interpretation)) that if they have the necessary approvals to take card details over the phone then this should be considered NORMAL business for them.
2) You have 14 days to request a refund, the legislation recently changed.

Hope this helps everyone , thanks again for your valuable inputs.


ArcticGT3

977 posts

212 months

Wednesday 3rd September 2014
quotequote all
Legislation has indeed recently changed to 14days and it's now 14days after you receive the goods not from date of order. This obviously only applies to orders placed away from the business premises (as before).

Any special terms like non returnable/special order/bespoke etc must be made clear to the customer before entering into an agreement.

spikeyhead

17,296 posts

197 months

Wednesday 3rd September 2014
quotequote all
Special order items, such as a made to measure suit are exempt from DSR. Whether adding a special order aerokit to a normal order Porsche fits in the DSR exemption rules would take a lawyer to determine.