Distance sales regulation query

Caporegime
Joined
1 Dec 2010
Posts
53,767
Location
Welling, London
Can i just get this straight as I've never returned anything under DSR regulations.

I know it might not be morally right, but can DSR be used as try before you buy?

If I buy something online and decide it's not what I want, I am fully entitled to return it in mint condition and it's original packaging within 14 days for a full refund, even if it is 100% operational, and every UK company has to abide by these rules?

I just want to check before I splurge on something I'm not sure is totally suitable.
 
Your right to cancel

Your right to cancel an order for goods starts the moment you place your order and ends 14 days from the day you receive your goods.

If your order consists of multiple goods, the 14 day period runs from when you get the last of the batch.

This 14 day period is the time you have to decide whether to cancel, you then have a further 14 days to actually send the goods back.

Your right to a refund

You should get a refund within 14 days of either the trader getting the goods back, or you providing evidence of having returned the goods (for example, a proof of postage receipt from the post office), whichever is the sooner.

A deduction can be made if the value of the goods has been reduced as a result of you handling the goods more than was necessary.

The extent to which you can handle the goods is the same as it would be if you were assessing them in a shop.

Refunding the cost of delivery

The trader has to refund the basic delivery cost of getting the goods to you in the first place, so if you opted for enhanced service eg guaranteed next day, it only has to refund the basic cost.

Exemptions

There are some circumstances where the Consumer Contracts Regulations won’t give you a right to cancel.

These include, CDs, DVDs or software if you've broken the seal on the wrapping, perishable items and tailor-made or personalised items. They also include goods with a seal for health protection and hygiene reasons that's been broken.

Also included are goods that have been mixed inseparably with other items after delivery.

Always check the terms and conditions

The minimum cancellation period that you must be given is 14 days but many sellers choose to exceed this, so always check the terms and conditions in case you have longer to change your mind.

https://www.which.co.uk/consumer-ri...cts-regulations#cancelling-goods-and-services
 
I am fully entitled to return it in mint condition and it's original packaging within 14 days for a full refund.

I always wondered how far you can push being returned in original packaging if there is no fault. Can you open it? Use it? Or does it have to be returned sealed?
 
You have to open it to find out you dont like it or its not suitable for your needs.

You can return store bought stuff for the exact same reasons

Incorrect on the last point. No stores in the UK are legally obliged to allow returns for reasons other than the goods being faulty. Most of them do allow you a certain period to change your mind, but this is purely at the discretion of the company and in no way a legal right for the consumer.
 
This is not the item, but I just got this from ShopTo after ordering a game. Isn't this against CCR?

Thank you for your custom!

We are pleased to inform you that your order has been packed and will be dispatched with next ROYAL MAIL collection. We dispatch orders every working day up until 5.20pm (5:00pm for TNT/DPD). We do not dispatch orders over the weekend or during public holidays. There is an exception to this rule as however during busy periods (such as Christmas) we may dispatch on a Saturday. Please keep this email until your order arrives. Please note if you change your mind about a purchase you may return it to us unopened at your own expense within 7 days of receipt of goods for a full refund, after 7 days we do not accept any returns. Please keep copy of the email as proof of notification.
 
That seems legit. Software is different i think. As otherwise you could install it and then try and return the disc.

Plus you're always responsible for returns postage.
 
But surely if the seals unbroken it hasn't been used?

There's no right of return for software at all, regardless of whether it's open or not.

The idea behind the option to return unused goods is so that you can inspect them in the same way you would in a shop and change your mind if you dont like it. You can't do that with games or software.
 
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