Distance Selling Regulations

Sukh

Sukh

Sukh

Soldato
Joined
29 Jan 2007
Posts
3,596
Location
Chelsea
Quick quesiton:

Say I order 5 of the same thing, and realise that I only need 4 of them can I return the 1 spare unit, or am I only covered if I return all 5 back?

e.g. Order 5 pens, upon delivery I realise I only need 4 and ask to return one under DSR.

Thanks, I've been looking on google for a source but can't find a suitable point of reference.
 
You can return the item back as long as its in a sellable condition and is not damaged. If the pens cam in a pack of 5 no you cant return just one. If you bought them induvidually then yes you can.

Why would you just want to return a pen, id keep it as its something that always goes walkies?
 
As matthab says you can return if they're individually packaged although the DSRs were never intended to give you extra rights above what you would have in a shop so they may be able to choose to give you a credit note rather than a refund. I'd also point out that if the item is personalised (and therefore much less likely to find a substitute buyer) then you may also not be covered.
 
Thanks semi-pro, but on the OFT site it says they have to give you a cash refund (or the method used to pay) as far as I have read.

Its not pens, its packs of solid oak flooring and each one is about £100 and obviously I have no use for them now that the floor has been laid.

They are individually packed, sealed and in original condition, but the company are saying I need to return all 5 to use DSR and I am looking for a source e.g. OFT saying where I can return individual items.

They are not custom or personalised either.
 
matthab said:
You can return the item back as long as its in a sellable condition and is not damaged.
Click to expand...

Doesn't have to be in a sellable condition, i.e. you can have opened up non resealable packaging etc.

DSR doesn't care about the resale of an item.

As for damage, the DSR states the goods must have been taken care of.
 
Well if it's an item that can be bought on it's own and you just bought 5, rather than you buying 1 item as a pack of 5 then I don't see why not.
 
I think they are just being awkward and wanted to show them a page from the OFT or Consumer Direct but can't find one.

Just to confirm, I bought five packs and want to return one.
 
This pdf is worth a read on DSRs http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

DSR really annoys me sometimes, me being a business seller.

Today for example, I am going to have to refund someone £130 for an item which was returned due to not liking it and being slow to boot (That is the speed it boots at..). However arrived missing the manual, stinking of cigarette smoke, scratched with hairs and dirty in places and not booting at all. Personally I wouldn't refund, but due to DSR I have no choice. Plus they took a week longer than expect to return it so the supplier return policy has now ended, meaning total down of £130 + £80 for the initial item.

From DSR:

Consumers have the right to cancel even if they fail to take reasonable care of the goods; however the DSRs do give suppliers a right of action against consumers for breach of the statutory duty to take reasonable care.

It would be very hard to say no refund, as reasonable care seems to vary a lot in description and since it was eBay they would just side with the buyer and refund them anyway - which has been the said feeling when I have been on eBay chat about it.
 
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Is it within the DSR timeframe?

I know how you feel greywolf. DSR are indeed a nightmare. But, thats the law, and you have to comply. I know many large companies do not, they soon do when I mention the exact liabilities (I am talking about returns for faults etc as well).
 
I had to resort to quoting parts of the DSR to get something sorted as the retailer was being an arse about something. Only when small claims court was mentioned did they finally do the right thing.
 
Yeh looks like I will have to mention small claims as they are sticking to the whole lot has to be returned, which obviously cannot happen as 4 packs are cut and on my floor.

The situation that greywolf describes sucks, I thought it was the case that things had to be unopened?
 
No, all retailers state that, but it is an illegal term and condition. All you are required to do is take reasonable care.

How else can you try the product if it is unopened and still sealed? There are exceptions to that rule such as software and the like (IIRC).
 
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