Distance Selling Regulations - Quickie

stoofa

stoofa

stoofa

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Just a quick question.

Are businesses covered by the Distance Selling Regulations?
If for example as a company I purchase an item from an E-Tailer and once we get it we decide we don't want it for whatever reason can it be returned under the same rules as if I was an individual?

If not - could somebody post me a link to confirm?
In possible dispute with an e-tailer and could do with ammo.

Ta
 
No. The Distance Selling Act (Consumer Protection Regulations) covers only private individuals. Business to Business trading has no such protection.

As for evidence - the name of the act (The bracketed text is part of it).
 
I thought I would hijack this thread instead of making a new one.

The wife purchased a hair dryer of the net. (Yes I know its not Computer parts) lol

She is not happy with the item, I emailled the shop telling them she is not happy with it.

This is the reply I got back.



Thanks for your email.

I'm sorry but we don't offer refunds against items that have been used.

If you believe the item is faulty then it will need to be returned to us for repair or replacement.

We're more than happy to give advise on how to get the best out of the T3 hairdryer, it does require a slightly different technique to a conventional hair dryer. If that's the case please call me at the office on Monday to discuss .

Below is an excerpt from our terms and conditions which are detailed on our web site.

Best regards,



Returns and Cancellations
PLEASE CONTACT US in the first instance to obtain a returns reference number if you would like to cancel your order or return an item for any reason. UNAUTHORISED RETURNS WILL BE REFUSED. Any returns for whatever reason need to be returned to us within 7 (SEVEN) days starting the day after delivery. Your returned package will need to contain detail;s of your name and order number. The product must be unopened, unused and in a saleable condition complete with original packing and any free gifts, which also need to be unused and in a saleable condition. If free gifts have been opened or used we will apply a charge for these at the full selling price detailed on our web site. After inspection of the products a refund of the purchase price minus a restocking charge of £10.00 will be authorised. Postage costs for the returned item must be met by the customer.


Am I right that she can still send it back.

This from the DTI`s website. Q3. I understand I can change my mind if I do not want the goods or services. Does that apply in all cases?

In most cases, the Regulations provide a 7 day cooling off period and a right to cancel during that period. The Regulations also allow traders to state the conditions and procedures for withdrawal, but require information about these to be supplied to the consumer.

The right to cancel allows the consumer time to examine the goods or services, as they would have when buying in a shop. The cooling off period starts when the contract is concluded and ends 7 working days after the day the goods are received (for services, 7 working days after the order is made). However, if a service starts immediately, before the end of the cooling off period, the consumer must be informed (in a durable medium) that they will not be able to cancel once it starts.


And no where have I said she has used it.

Thanx for any help.
 
You're perfectly within your right to return it, even if she has used it, as long as you informed the company you wanted to return it within 7 days of the delivery.
 
Clairvoyant said:
snip
Click to expand...

I would email and request a returns reference number. Even better if you could phone and obtain it.

Did you actually ask for that in the original email to them?

Also keep a very close eye on the 7 day limit.
 
Benjarghmin said:
You're perfectly within your right to return it, even if she has used it, as long as you informed the company you wanted to return it within 7 days of the delivery.
Click to expand...

In this case it hasn't been used.

But, if it had, then both the retailers conditions and the DTI's regulations don't allow for return after use of the item. Examination of item, yes.
 
here is the original email

Hi

I purchased a T3 Bespoke Labs Evolution 83888-SE hair dryer, on 23/7/07. Order No. 3542.

I am returning the item for a full refund as my wife is not happy with the item. So could you please let me have an RMA number so I can git it sent back to yourselves for a full refund.

Regards


It was purchased on Monday 23rd July.

I have removed 1 cable tie. And the wife did turn it on. (but I didnt say that, or how could they say I have used it.)
 
You may get a more detailed response than mine, but, I would send them a copy of your first email and emphasise their own T&C's and re-iterate that you wish a returns authorisation number to be sent and state that the item has been inspected but not used.

Again keep a close eye on the 7 day period, so when it's returned it would be a good idea to use a service that you can track for delivery.
 
seaviewuk said:
In this case it hasn't been used.

But, if it had, then both the retailers conditions and the DTI's regulations don't allow for return after use of the item. Examination of item, yes.
Click to expand...

Hrm, as far as I knew you were allowed to use it. Could you give me some linkies so I can further my Distance Selling knowledge? :)
 
Clairvoyant said:
I thought I would hijack this thread instead of making a new one.

The wife purchased a hair dryer of the net. (Yes I know its not Computer parts) lol

She is not happy with the item, I emailled the shop telling them she is not happy with it.

This is the reply I got back.
.
Click to expand...


id say definately NO you are not entitled to a refund. the idea of the DSA is that it gives you the same ability to inspect the goods as if you were buying it in retail. ie in retail you can see the packaging - but if you open the packaging you cant just return it unless its defective. (legally anyway, most places have their own credit rules).

so you cant just order online in a "try before you buy" scenario because the seller cannot be expected to foot the bill in terms of the depreciation on the goods after you have used the item, effectively making it a 2nd user item.
 
Benjarghmin said:
Can't see anywhere where it specifically says you're not allowed to use it? :confused:
Click to expand...

I haven't read it all, but that's the actual law page.

Although it may not be crystal clear, surely it's consumer common sense.

As soon as you use it, it becomes second hand and therefore depreciates in value, so you couldn't expect a full refund.

The regulations give you a chance to inspect the item. Not to use it!
 
It has always made me wonder.

It does say

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 -

snip

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

which seems to imply that in other cases where it is unsealed it's fine.
 
seaviewuk said:
I haven't read it all, but that's the actual law page.

Although it may not be crystal clear, surely it's consumer common sense.

As soon as you use it, it becomes second hand and therefore depreciates in value, so you couldn't expect a full refund.

The regulations give you a chance to inspect the item. Not to use it!
Click to expand...

Yeah, it does seem common sense, but I cannae find anywhere on that page where it says you cannot use it. Even under the exceptions part of the law.
 
Benjarghmin said:
Yeah, it does seem common sense, but I cannae find anywhere on that page where it says you cannot use it. Even under the exceptions part of the law.
Click to expand...

It's getting a bit out of my league here but this bit from the law page

(vi) the existence of a right of cancellation

seems to make sure the retailer makes you aware of their conditions which in the case of the hair dryer they have. In the hair dryer retailers terms it states

The product must be unopened, unused and in a saleable condition complete with original packing and any free gifts, which also need to be unused and in a saleable condition

so, they have carried out their obligation by letting the customer know the returns policy and have explicitly stated that items have to be returned unused.

Anyway my head hurts now :D
 
Ok

The box was never sealed. It was in side a box that the lid lifts off, and an open bag.

So besides I have removed a cable tie, to see the length of the cable. How would they know she turned it on.

:)
 
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