Couple of quick DSR questions.

King Damager · 17 Apr 2012 at 10:15

Ok, just a few questions about Distance Selling Regulations and how they work..

Who pays the return postage?
If you return the product in 7 days does it have to be unopened/unused? Or can you have used it in that time frame? E.g. tried it out, decided you don't need/want/like it, and return?

I think that's it

Ta.

kd

cainer · 17 Apr 2012 at 10:17

you would have to pay postage

pepp77 · 17 Apr 2012 at 10:27

You pay to send it back and yes you can open and use the product to see if it fits your needs (this is the whole point of DSR), you are just expected to take reasonable care of the product when in your possession.

The company has to refund the cost of the item and anything you paid to have it delivered to you in the first instance.

King Damager · 17 Apr 2012 at 10:31

Yeah, thought that was the case, but wanted to check. Thanks.

kd

Nitefly · 17 Apr 2012 at 10:50

The best thing to do is to check the regulations themselves. They are quite detailed, but relatively easy to navigate.

http://www.legislation.gov.uk/uksi/2000/2334/pdfs/uksi_20002334_en.pdf

The issue of who pays for the return of goods is usually a contractual issue between the parties and the seller is required to provide this information (see r.9(2)(b)(ii)).

In relation to your question, the regulations only prohibits the return of goods that are perishable by their nature or used products that contain data or recordings (software, CDs) (see r.13).

King Damager · 17 Apr 2012 at 11:00

Hmm, ok.

Well what I really wanted to make sure was that the second one was allowed, I didn't mind too much about who paid for delivery

kd

Nitefly · 17 Apr 2012 at 11:07

King Damager said:
Hmm, ok.

Well what I really wanted to make sure was that the second one was allowed, I didn't mind too much about who paid for delivery

kd

Providing you have taken reasonable care of it, then yes. Obviously 'reasonable care' is debateable, but I'd be extremely surprised if a company would dispute this over packaging.

carlazai · 17 Apr 2012 at 11:20

Perfect time for this question, the company i work for bought an autoclave for the lab. Are we able to send this item back under DSR as the unit is much smaller than the dimensions given on the website (you must use a basket which cuts the stated diameter in half).

Nitefly · 17 Apr 2012 at 11:23

carlazai said:
Perfect time for this question, the company i work for bought an autoclave for the lab. Are we able to send this item back under DSR as the unit is much smaller than the dimensions given on the website (you must use a basket which cuts the stated diameter in half).

You will be able to ask for a replacement that fits the specifications on the website using s.13 Sales of Goods Act 1979 - there will have been an implied condition of this contract that the goods will comply with that description.

Alternatively, you can try using the DSR, but it is likely you will have to pay to return the item.

carlazai · 17 Apr 2012 at 11:38

The return postage cost is the least of our worries considering the price of the item in question. Thanks for the help.

Nitefly · 17 Apr 2012 at 11:42

carlazai said:
The return postage cost is the least of our worries considering the price of the item in question. Thanks for the help.

I think it might be worth adding that if you bought it as a buisness you are obviously going to be out of luck with that route - the DSR only protects consumers, I should have noted that earlier.

carlazai · 17 Apr 2012 at 11:43

ohh that is no good at all

Nitefly · 17 Apr 2012 at 11:45

carlazai said:
ohh that is no good at all

I wouldn't worry too much, if the website is obviously misleading in description then it would be difficult for them to object replacing the goods.

carlazai · 17 Apr 2012 at 11:50

yeah i thought that as well. no mention of the basket decreasing the internal diameter by such a significant amount. The only problem is that delays are the last thing we need here.