Actually consumer contract regulations replaced distance selling regulations and most of what you said is now not the law.
This is no longer the case, DSR is no more it is consumer contract relations and if the product is used and cannot be resold as new a restocking fee shall be applied.
Thanks for the update and sorry for erroneous reference to the DSR, this is certainly an interesting change but doesn't seem to be a huge difference other than to stop the obvious abuse of the old DSR (using the product for an extended period and then returning it).
Gov guidance on the new rules can be found
here, and here is an interesting extract:
- Cancellation rights will continue to apply to off-premises and distance contracts only. The cancellation period will extend from the current 7 calendar days (for off-premises) and 7 working days (for distance sales) to 14 calendar days for both to give consumers more time to change their minds.
- Consumers should return items within 14 days of cancellation
- Online and other distance or off-premises traders will be able to withhold refunds until goods are returned (or evidence of return is provided) and they can reduce the amount of money refunded for goods returned which show evidence of use beyond the handling necessary to see whether the goods are as expected.
I didn't see any reference to a "
restocking fee" in the new rules, but I assume Gibbo means the deduction that can be applied. Not sure how this will be implemented by retailers in practice but the example they give is a good one:
A customer has changed their mind and returned a toaster bought online. The box is intact but there are crumbs in the toaster. Can I deduct any money from the refund?
17. The consumer should be permitted to inspect the toaster in the same way that they might in a shop to ensure it is as described. Money should not therefore be deducted if it is reasonable for the consumer to remove the packaging to inspect the item. However, using the toaster goes beyond what is needed to ascertain the nature of the toaster, and is not something the consumer would do in a shop. Money can therefore be deducted to reflect diminished value. The consumer need not ‘test’ the toaster since, if the toaster proves to be faulty the consumer has rights under other legislation.
So testing would perhaps no longer be possible (although use of the word "functioning" in the regs is a bit misleading in my opinion) but opening the box to check the products inside for damage looks to be acceptable. But how then could a retailer sell a returned, opened item as new?
Disclaimer: The above does not constitute legal advice and should not be relied upon by any person.
They refunded the difference for me, which means i got my KFA2 GTX 780 at the new reduced price. Great customer service shining through again
.
Always great CS from OCUK
P.s. great news about the phone number (shame it took a change in the law to bring it about though).