A question regarding "cooling off periods"

Iamzod · 19 Mar 2006 at 00:29

You buy goods from an online retailer and i understand that there is a "7-Day cooling off" period within which you can decide that after seeing the items that they are not suitable and you can ask for a refund, i understand that this process would involve paying some kind of fee to the retailer for restocking.

Now, this quote is taken straight off of a government site-

"The purpose of the Directive is to increase consumer confidence and so strengthen the single European market by providing an agreed minimum level of consumer protection throughout the EC. The aim of the cooling-off period is to give consumers an opportunity to examine the goods or services being offered, as they would have when buying in a shop."

You cannot "examine the goods or services being offered, as they would have when buying in a shop" if they do not work.

Now, if a retailer sells you an item, which you receive faulty & therefore does not work at all and then return for a replacment, when does the 7-Day Cooling off period begin, the day you receive the faulty item or the day you receive the working replacment?

Redrum · 19 Mar 2006 at 00:34

If you had found out it was faulty then that would mean you had opened and tried to use it, and therefore would no longer be covered by the distance selling regulations anyway.

i think ...

Iamzod · 19 Mar 2006 at 00:53

Ok, you order a nice plasma TV from a retailer, TV turns up on time by courier, you unpackage it only to find that the screen does not work so call the retailer who instantly offer to check & replace the damaged item if they find its faulty.

When does the cooling off period begin, as you have not received any working product.

"The aim of the cooling-off period is to give consumers an opportunity to examine the goods or services being offered, as they would have when buying in a shop."

You cannot examine the goods if they do not function at all, the retailler may as well have sent you a bag of bricks or a load of smashed plastic.

You can only examine something that functions!.

jhmaeng · 19 Mar 2006 at 00:57

I think that this 7-day provision is only for goods that work properly, but you've decided you don't want. Separate provisions (not sure about the exact wording or duration) exist for faulty goods, I believe.

Redrum · 19 Mar 2006 at 01:30

Iamzod said:
Ok, you order a nice plasma TV from a retailer, TV turns up on time by courier, you unpackage it only to find that the screen does not work so call the retailer who instantly offer to check & replace the damaged item if they find its faulty.

When does the cooling off period begin, as you have not received any working product.

"The aim of the cooling-off period is to give consumers an opportunity to examine the goods or services being offered, as they would have when buying in a shop."

You cannot examine the goods if they do not function at all, the retailler may as well have sent you a bag of bricks or a load of smashed plastic.

You can only examine something that functions!.

Well the point I was getting at was that it would be irrelevant that it was broken, as you wouldn't know that until you had opened it, and once you had decided to open it, you would have forfeited your rights under the distance selling regulations. The above clause about examining it as in a shop, I would say means how you can examine something within its box in a shop. The fact that some shops will have an opened product the same as you are buying for you to try out is irrelevant, as thats just an extra service they are offering, and you aren't examining the actual item you would be buying. The following is from a large e-tailor I use sometimes:

You can return your parcel under the Cooling Off period when:

* You have registered your Account as a private person
* You have not opened/used the item
* There is no visible damage or marks on the item
* The parcel and all parts belonging to the item is being returned in the same standard as it was shipped out

However, I have no legal training or anything, thats just my understanding of the distance selling regulations.

JBuk · 19 Mar 2006 at 01:35

if the item was faulty you would send it back under the sales of goods act and ask for a full refund + p&p

crashuk · 19 Mar 2006 at 01:37

ok if you brought a tv opened it and it was faulty under the statue of limitations you can ask for your money back, lets say you had the tv for 4 months then found out that the scart connection was faulty because you never used it before, you can contact the retailer and tell them how you found out (ie i never used that scart before till now and its faulty)and say it was faulty since i got it they must under law either give you a replacement or you can ask for your money back.

Fit for purpose'. If something you buy from a trader doesn't meet these conditions, you're entitled to a full refund if you return the goods soon after purchase. Otherwise you're first and foremost entitled to have the goods repaired or replaced.

Iamzod · 19 Mar 2006 at 01:41

The thing is, the item has been returned, i have not yet received the advertised product as they did not advertise broken ones for sale.

They may as well have sent me a kermit the frog finger puppet disguised as what was ordered.

I ordered a product designed to carry out a specific function yet received what is essentially a doorstop.

Does the cooling off period start from receiving a doorstop or the items that you ordered?

crashuk · 19 Mar 2006 at 01:54

http://www.tradingstandards.gov.uk/cgi-bin/calitem.cgi?file=ADV0043-1011.txt

Amleto · 19 Mar 2006 at 03:26

Iamzod said:
The thing is, the item has been returned, i have not yet received the advertised product as they did not advertise broken ones for sale.

They may as well have sent me a kermit the frog finger puppet disguised as what was ordered.

I ordered a product designed to carry out a specific function yet received what is essentially a doorstop.

Does the cooling off period start from receiving a doorstop or the items that you ordered?

The 'cooling off period' and the relevant regulations that that applies to (distance selling regs) is not the appropriate act/regulation to be considering for faulty goods. You want the Sale of Goods Act. http://www.dti.gov.uk/ccp/topics1/facts/salegoodsact.htm

Did you buy the item with your credit card? If so, phone them up and they will do the leg-work for you. If not, then 'remind' the retailer of the Sale of Goods Act 1979 (and maybe Sale and Supply of Goods Act 1994), and demand compliance from them, or they can expect legal action.

redrum said:
"first post"

Incorrect.

In your second post, the clause stating that you are not allowed to open the product is not entirely legally enforcable imo:

Exceptions to the right to cancel
13. - (1) Unless the parties have agreed otherwise, the consumer will not have the right to cancel the contract by giving notice of cancellation pursuant to regulation 10 in respect of contracts -

(a) for the supply of services if the supplier has complied with regulation 8(3) and performance of the contract has begun with the consumer's agreement before the end of the cancellation period applicable under regulation 12;

(b) for the supply of goods or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by the supplier;

(c) for the supply of goods made to the consumer's specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly;

(d) for the supply of audio or video recordings or computer software if they are unsealed by the consumer;

(e) for the supply of newspapers, periodicals or magazines; or

(f) for gaming, betting or lottery services.

As you can see, the exception to your right to cancel does not inlcude anything about opening goods.

If you exercise your right to cancel (section 10) then you need 'only',

Restoration of goods by consumer after cancellation
17. - (1) This regulation applies where a contract is cancelled under regulation 10 after the consumer has acquired possession of any goods under the contract other than any goods mentioned in regulation 13(1)(b) to (e).

(2) The consumer shall be treated as having been under a duty throughout the period prior to cancellation -

(a) to retain possession of the goods, and

(b) to take reasonable care of them.

(3) On cancellation, the consumer shall be under a duty to restore the goods to the supplier in accordance with this regulation, and in the meanwhile to retain possession of the goods and take reasonable care of them.

*I am not qualified in any way relating to law.

reference: http://www.opsi.gov.uk/si/si2000/20002334.htm