DSR Rules

Listy · 9 Mar 2010 at 20:59

Hey guys,

I purchased a monitor from a competitors site but wasn't 100% sold on it and asked to return it on the 6th day (via email) under the DSR. I've since received a reply but am a tad confused and need some advice.

The email states:

Distance Selling Regulations (DSR)...

If the goods are being returned under the DSR it is important that they are returned within 7 days.

If your items fall within the following four criteria's then your item will be accepted for a full refund:

- Unused

- In original packaging

- In as new condition, in order that we can restock the item for sale

- Within the seven day time period allowed under the DSR.

Obviously the item isn't unused as I'd had it 6 days before making the request! (though it is in brand spankers condition)

I'm confused the most about the 7 day thing as that has now gone but I made the request to return on the 6th day, so am I still entitled to return it as I couldn't have possibly already sent it back as I had to wait for the RMA number

Cheers in advance for any replies

rodo · 9 Mar 2010 at 21:10

If I remember correctly its from the point notice is given (and not when they read it). I should have paid more attention in that law module. Your best bet is to give the Citizen advice bureau tomorrow. They'll give you the low-down and if the firm in question still refuses to budge I think the CAB often make contact on your behalf. But I could be wrong.

EDIT: here you go, article 3.27, cancellation upon date of notification. They're trying it on with you.

3.27 The effective date for cancellations under the DSRs is the date on
which the consumer gives notice of cancellation to you. This ensures
that the consumer can take advantage of the full cancellation period
provided for in the DSRs.

Source: https://docs.google.com/viewer?url=...ared_oft/business_leaflets/general/oft698.pdf

Vulcan · 9 Mar 2010 at 21:40

You have 7 working days after delivery to cancel the contract. So yes it seems you are still entitled for the refund.

Listy · 9 Mar 2010 at 22:32

So I've now got to send it back ASAP or do I have a set period of time?

Cheers for the replies rodo & Longbow, appreciate it

rodo · 9 Mar 2010 at 22:41

Listy said:
So I've now got to send it back ASAP or do I have a set period of time?

Cheers for the replies rodo & Longbow, appreciate it

Can I include a term in the contract that states that the
consumer must return goods within a certain number of
days in order to obtain a refund?

3.64 No. Under the DSRs such terms have no legal effect. The DSRs
contain provisions aimed at ensuring that businesses do not use
contractual terms that deny consumers their rights under the DSRs or
impose obligations on consumers that are inconsistent with them.

I'd write them a polite email with reference to the act and the specific parts.

Oh and their claim that the product cannot be opened or used is also far from legal. You're allowed to test it. To do this you need to open it up and try it. I'd be polite in your reply but their lack of knowledge of the DSR seems worrying, assuming the document I've looked at is correct, which appears so.

Can I insist that consumers who cancel an order within the
cancellation period return the goods as new or in their
original packaging?

3.58 No. Consumers are under a duty to take reasonable care of the goods
while in their possession as discussed in paragraph 3.44. The DSRs
allow consumers to examine goods they have ordered as they would
in a shop. If that requires opening the packaging and trying out the
goods then they have not breached their duty to take reasonable
care of the goods. In these circumstances you cannot insist that
consumers return the goods as new or in their original packaging.
You may ask consumers to return goods with the original packaging,
but you cannot insist on this. In the case of goods such as earrings
that have hygiene seals, you may require consumers to exercise
reasonable care by not removing the seals when examining them.

Let us know what they say anyway. I'm sure others will have the same problem with other retailers at some point.

PhillyDee · 9 Mar 2010 at 23:21

That is correct.
If they try to deny you, point out that their terms are illegal and you will be notifying trading standards.

Listy · 10 Mar 2010 at 00:27

Big thanks again for the replies fellas.

Just so any wires aren't crossed I thought I'd explain that they haven't denied me anything and did give me an RMA number in the said email but it was the wording regarding DSR claims that worried me (hence me double checking).

I always buy from the internet on my Barclaycard so if they give me any chew when I return it then I've got that to fall back on anyway and would proceed in claiming that way.

Thank you again to those who've posted