Distance selling act query

Caporegime
Joined
26 Dec 2003
Posts
25,666
I need some advice on this please:

"The distance selling regulations do not allow customers to send items back that are not in re-sellable condition. Your monitor would not be able to be sold as new"

Can anyone please tell me if this true or not? I was under the impression that you were able to inspect an item? otherwise how would you know if it met your expectations?

Say for example you've ordered a £450 monitor and you find that one side of the screen is much brighter than the other, surely you would be within your rights to return it under the distance selling act?

thanks.
 
Man of Honour
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If one side of the screen is much brighter than the other, it would be a sales of goods act issue (ie it's faulty) anyway.

As for whether or not you can return something that has been opened, the regs are fairly clear that you can (with a few statutory exemptions)

Link
 
Caporegime
OP
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26 Dec 2003
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thank you for the link Dolph. :)

the problem is even now viewing this forum, the left hand side of the screen is a pale blue whereas the middle/right of the screen is a much darker blue.

so just for confirmation I am entitled to return it for a refund under the distance selling regulations right? (as i have notified the seller within 3days).

thanks
 
Caporegime
OP
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SB118 said:

are you not entitled to return faulty items under distance selling act then?

When selling to consumers by mail order, phone, fax, Internet or digital TV you must give them a cooling-off period during which they have an unconditional right to cancel the contract.

surely this would suggest that it doesnt matter if it is faulty or not?

if i return it under the sales of goods act wont they just send me a replacement out? i'd rather have a refund considering the amount of time i had to wait for it to be delivered in the first place...
 
Soldato
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When selling to consumers by mail order, phone, fax, Internet or digital TV you must give them a cooling-off period during which they have an unconditional right to cancel the contract.

& from the Office of fair trading website ( Click here )

The regulations give consumers an unconditional right to cancel an order. This is to allow the consumer the opportunity to examine the goods or consider the nature of a service.

Hope that helps
 
Last edited:
Soldato
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Devon
I think the only exceptions to the unconditional nature of the act is where CD's / DVD's have had their wrapping opened. There is no way that the supplier could refuse to take a monitor back in the 7 days allowed under the act. Contact your nearest trading standards if you have any problems with that particular trader.
 
Associate
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23 Oct 2004
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If it is an LCD, then the backlight is faulty.

"You have a right to 'reject' faulty goods. If you tell the seller promptly that the goods are faulty and you don't want them, you should be able to get your money back. As long as you have not legally 'accepted' the goods, you can still 'reject' them - that is, refuse to accept them.

One of the ways you accept goods is by keeping them after you've had a reasonable time to examine them, and without clearly saying that you want to return them. What is 'reasonable', however, is not fixed - it depends on the circumstances. Normally, you can at least take your purchase home and try it out. But if you delay in examining what you've bought or in telling the seller that you wish to reject the goods, then you might lose your right to reject.

Even if you signed an 'acceptance note', this does not mean you have signed away your right to reject the goods.

If you agree to let the seller try to put faulty goods right, this also does not affect your rights. Make it clear that if the repair fails, you will be rejecting the goods and seeking a refund.

You are not legally obliged to return faulty goods to the seller at your own expense, unless you agreed this in advance. If a bulky item is difficult or expensive to return, ask the seller to collect it. This does not apply when you complain about faults after having 'accepted' the goods, or if the goods were a present."

Fill your boots here -> http://www.consumerdirect.gov.uk/your-rights/fs_c04.shtml
 
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