As the car was bought in England then could I direct your friend to this information on the Citizens Advice website, there is an algorithm which gets to the nub of the issue and will give the correct advice.
The relevant law is the Consumer Rights Act 2015.
If the garage in question subscribe to the National Concilliation Service ADR scheme then this may be another route that your friend can pursue.
The law says that in ‘distance sales’ to consumers you have to tell your customers that they have a 14 day cancellation right, what they need to do if they want to cancel and who pays for the return postage.
If you fail to tell them then the period is extended to a maximum of one year and 14 days from the date of delivery. If they do cancel within the year and 14 days then you will have no option but to refund the total cost, including the outbound and return postage costs in full.
If you sell goods or services away from your usual trade premises and you do not tell your customers of their cancellation rights you are also committing a criminal offence for which you could be prosecuted.
This is a minefield, essentially you should make sure that you are crystal clear about which territories/countries/areas you are going to do business in. Don’t ‘accept’ a customer order from, or enter into a legally binding contract with, someone outside your catchment area.
You should also specify where you will make deliveries, if applicable, and don’t rely on the fact that your website is in English to restrict the sales.
Your terms and conditions of business should be carefully crafted to comply with legal obligations particularly if you are making sales to consumers. Beware the proposed EU rules on geographical discrimination in terms of pricing.
If the buyer is in the EU then you will need to comply with EU consumer legislation with respect to returns etc, however as this is harmonised across the EU as long as you comply with UK law you should be OK.
You may wish to ask us to review and amend your terms and conditions to ensure they are current >read more…