DSR Question

[MOOGLEYS]

Which is what I was pointing out to Scratch.

No. What it means by take reasonable care "Duty of care" is that you will make the goods available for collection by the retailer. That is it. It does not have anything to do with if you use the goods or not. This is the only legal requirement under DSR.

It's a really badly worded document and needs amending.

Returning the goods

Unless you are required to return the goods, and you were informed of this, your only obligations are to make the goods available for collection and to take reasonable care of them while they are in your possession. This is called a duty of care. Where the supplier has made provision to collect the goods, this duty of care expires after 21 days, but where you have agreed to return the goods, your duty of care continues until you do this and could be for as long as 6 months.

DSR only applies to any goods were you have simply changed your mind. Anything faulty is covered under the sale of goods act.

 

[norm]

Using an item does not, by its nature, mean you have not taken reasonable care of it.

You can't infer from 'take reasonable care' you can use the item. It's not reasonable to expect to have use/test a graphics card in the first place.

 

[[TW]Fox]

You can't infer from 'take reasonable care' you can use the item.

You can't infer from 'take reasonable care' that you can not use the item, either. It's not related to use, it's related to condition. You can't trash it, you can't let your dog chew it, you can't drop it off a table. Thats not reasonable care.

It's not related to whether you install the product or not.

It's not reasonable to expect to have use/test a graphics card in the first place.

Most of the DSR is 'not reasonable' so quite what difference you think this makes I've no idea.

 

[norm]

Ok so by your reckoning, one could order 10 CPUs from a store, install each one individually, overclock it as best they can, then keep the best one and return the other 9 under DSR, having taken "reasonable care" of the item, and be fully entitled to a refund.

I would really like to know what OCUK's take on this would be.

 

[MOOGLEYS]

Ok so by your reckoning, one could order 10 CPUs from a store, install each one individually, overclock it as best they can, then keep the best one and return the other 9 under DSR, having taken "reasonable care" of the item, and be fully entitled to a refund.

I would really like to know what OCUK's take on this would be.

Yes and OCUK's take would not matter as they will have to comply with the law. They could refuse to sell to you in the future I imagine.

 

[norm]

Yes and OCUK's take would not matter as they will have to comply with the law. They could refuse to sell to you in the future I imagine.

Well that's truely bizarre. Interesting however that nearly all the online mattress companies will point blank refuse a return on a mattress that has been removed from it's plastic cover, when technically it breaches DSR regs, but it hasn't been challenged in court yet as far as I know. So that does leave some doubt over how enforceable the rules really are.

 

[[TW]Fox]

Well that's truely bizarre.

The DSR's are indeed truely bizarre. The problem here is the law itself is ridiculously and unfairly biased in favour of the consumer. In theory I agree with everything you say, but legally, its all wrong, if that makes sense.

Interesting however that nearly all the online mattress companies will point blank refuse a return on a mattress that has been removed from it's plastic cover, when technically it breaches DSR regs

That doesn't technically breach the regs it full stop breaches the regs and frankly this is one area where the DSR is entirely correct and the retailers are entirely wrong. When you walk into a bed shop you can test the matress before purchase WITHOUT it being in a plastic cover. So removing the plastic cover and deciding to send it back is EXACTLY what the DSR was intended to allow.

The DSR in that case *does* give you what you'd get if you bought in a shop.

Quite what the matress shop does with the returned matress who knows - but thats a cost of doing online business and has been for 13 years now. Selling online isn't about profiting from the higher margins at the expense of the customer

 

[Kenai]

Ok so by your reckoning, one could order 10 CPUs from a store, install each one individually, overclock it as best they can, then keep the best one and return the other 9 under DSR, having taken "reasonable care" of the item, and be fully entitled to a refund.

I would really like to know what OCUK's take on this would be.

One thing that might differ in the case of a CPU is that you need to smear TIM all over it before you can use it, which would make 'reasonable care' much more debatable.

 

[[TW]Fox]

Quite. A CPU returned covered in another material wouldn't generally be accepted I shouldn't think.

 

[PhillyDee]

The largest online retailers are actually the worst at following the DSR regulations.

The fact is, so few people actually know their rights, and what they can and cannot do to enforce those rights means that these companies can continue to fob off consumers. I have had 2 instances of blatant breaches, both with online computer companies (not ocuk, but their competitors) one was an IP camera which was so abysmally bad it had to go back. They first claimd a restocking fee (illegal) then it was a refund without outgoing costs (illegal) and then they tried "we cannot refund you card processing costs" (illegal) I threatened to take them to court, eventually they saw sense when I mentioned their full name, and enentually got my full money back. It wasn't the 4 letter company either. The other was a faulty return only refunding the item cost etc. etc.

Its a joke how badly they are enforced, but also a joke at how bad the DSR actually are (as a person who is both consumer and as a business).

 

[PhillyDee]

Quite. A CPU returned covered in another material wouldn't generally be accepted I shouldn't think.

Even then, they MUST refund in full within 30 days, and then take the purchaser to court to recover money.

 

[support_bae]

If I'm honest I have taken advantage of the DSR. Back in the days I played games on the computer I had a LAN party coming up. Ordered 2 high end graphic cards for SLI and used them over the weekend. Come Monday I took advantage of the DSR with the companies free return policy so I ended up paying nothing for it.