Know your Rights (DSR)

[cavemanoc]

Bit of a rant, so standby!
EDIT: (Going blind in my old age - finally found Overclocker's T&C's - and happily they are fully compliant )

While perusing the net and eyeing up a TFT monitor (shamefully, it was on a competitor's site ) I broke with tradition and decided to read their terms and conditions.


Basically, (insert unscrupulous etailor here) the FAQ explaining their Terms and Conditions states that if you open the box/ break the seal of your goods (TFT screen, for me) you waive the right to return under the 'Cooling off period' described in the Distance Selling Regulations.

Now, having read the act this seems like complete horlicks to me - the whole point of the act is to allow the consumer the same opportunity to view the goods as if he had gone into the shop (a little hard through the packaging!) - and hardware is NOT one of the exempted items smile.gif

To my mind, this would also mean that you should be allowed to power it on and test it as well.

(All this aside from your rights under the sale of goods act, which is obviously very different.)

A couple of relevant sites:

The Act itself

The DTI's guidelines

DTI's Guide to Business

Couple of key points really nailed this for me:

Consumers have a cooling off period in which they can withdraw from the contract for any reason. The cooling off period begins as soon as the order has been made. In the case of goods, it ends seven working days after the day of receipt of the goods.

The right to cancel allows the consumer time to examine the goods or services, as they would have when buying in a shop.

Both taken from the DTI's guidelines.

Now there are some exceptions, but the only potentially relevant one here is :

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

- also, anything custom built!

Some companies attempt to extend this to cover the opening of ANY goods - clearly wrong!

Now - the offender in question correctly informs you of the DSR's in the Terms and Conditions, but while perusing their FAQ I found the Following:

(Shifty Trader) will refuse any items returned if:

1. The goods have not been returned within 28 days.

2. The product packaging has been opened or seals have been broken.

Goods that are rejected due to the reasons above will be returned to the customer at their expense.

Obviously utter Horlicks! I get very fed up with companies trying to sidestep their obligations under the law and relying on consumer ignorance to pad their profit margins.

Bottom Line: Know Your Rights

Feel free to share any similar experience you've had!

 

[cavemanoc]

All valid points and absolutely correct:

Your rights under the Sale of Goods Act are different and cover fault/Unfit for purpose.

The GFX card is a valid point, though have you ever tried? Could be amusing. But that is slightly different - If I went into a shop to buy a TFT screen I would expect to see it in action - if I couldn't judge it's quality first hand, no way would I part with that kind of money! (Often haven't bought because the shops were too incompetent/lazy to rig their displays properly - how many times have you seen them trying to sell a £1000+ tv with a poor signal?)

EDIT: And yes - I will be having words with the E-tailor - fortunately I didn't buy in the end, but will still have a go at them, and if they don't change - DTI here I come!

 

[cavemanoc]

Distance selling laws stipulate that a consumer has 7 days to accept the goods, and they can be returned with-in this initial 7 day period!

That's 7 working days - and you only have to inform them of your decision to return within the 7 days, not actually get the goods back.

Interestingly, the act stipulates that it is not your responsibility to return the goods to the seller, you must merely make the goods available for the seller to reclaim (obviously since this will be at your expense, it cheaper to fed-ex them yourself - but worth noting the sublty )

Edit: (that article did make interesting reading - with the crackdown on usury (loan-sharking) it would be interesting to see whether the example quoted falls foul - £50 'borrowed for 3 days, interest accrued £95, apr=23116.667% (?) if there is no compound interest or further penalty clauses!)

I suspect that if you simply presented a summons to small claims court next time your £2.50 'overdraft' incurs a £25 fee they would quietly stop!

 

[cavemanoc]

I don't think this is necassarily the case. The company must add a clause in their t+c that return post is at the consumers expense. If they don't add this in, then the consumer is not responible for that cost.

That is correct - this comes under commercial advantage - obviously the firm that waives the charge would get more business

When consumers exercise their right to cancel they are under a duty to take reasonable care of the goods and to “restore” them to the supplier. The term “restore” does not permit the supplier to demand that the consumer send back or deliver the goods, but only that the goods are made available to the supplier for collection.



The Regulations permit the supplier to include in the contract a term requiring the consumer to return the goods to the supplier at their own cost. The supplier may charge for the direct costs of recovering the goods if, on request, the consumer does not return them; this must not be more than the direct costs of recovery, such as postage or, for larger items, the cost of a van collection. Once the consumer has cancelled the order all money paid must be returned within 30 days of the date of cancellation.

The business is not entitled to charge for recovery of the goods if the consumer also has a statutory right to cancel the contract under other legislation, (for example because they are defective) or if the term requiring the consumer to return the goods is an ‘‘unfair term’’ within the meaning of the Unfair Terms in Consumer Contracts Regulations 1999 and The Unfair Terms in Consumer Contracts (Amendment)