Distance selling regulations

It seems that they got replaced by something which is a lot less favourable to the purchaser. Previously you could return something before 7 days and get a full refund but that's no longer the case - only if there is a problem with it. You are entitled to as much as you could do in a shop which for IT equipment isn't very much!

Not sure who told you this, or whether it is just that whatever you have purchased falls within an exception.

Its been replaced by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

In part 3 at Section 29 it says "The consumer may cancel a distance or off premises contract at any time in the cancellation period without giving any reason."

The cancellation period is in Section 30 - 14 days for a service contract or digital media which is not supplied on a physical device, or if it is a sales contract it is 14 days after you obtain the goods.

There are obviously some restrictions on certain specific things.

There's good information http://www.which.co.uk/consumer-righ...ts-regulations

If you want to drop me a message then feel free to do so and I'll see if I can help.

[pegasus]

Unless of course its a bespoke item, for which the seller has had to purchase specific materials to fulfil the order.


P

Same rights in general. There was always a requirement to cancel in a certain way and there is always the right to cancel for a refund. Maybe be a bit more specific about the details if you want clarification beyond Dave's info.

Bespoke - It needs to be explicitly bespoke. I.e. It was made to order and to the individual#s specification. An item from a catalogue or brochure can never be 'bespoke' in the way meant here unless the specifications are changed for that particular client. It is also not bespoke if its generic - no matter how the seller describes it. So even with the 'specific materials' point, there still needs to be a distinction as to whether the final product is truly bespoke.

Thanks all especially for the offer of assistance. Apologies for the delay, dodgy wireless, which is ironically what lead to my post.

I've bought a lot of things from Broadbandbuyer.co.uk and they've always been fabulous when there have been problems. I need to buy another router (and NAS) and was perusing their web site and saw their new returns policy:
http://www.broadbandbuyer.co.uk/policy/returns/

It says of unwanted items, opened: "At our discretion we MAY be able to offer EITHER a partial product refund OR credit towards a new order". I had a look at the Which site Dave mentioned and it's not clear to me which bit covers my requirement (if I'm not happy with router, I can return it, opened, used (tho obviously that's not going to make any material difference to the product in this case) and get a full refund).
That said, if they're trying to get out of their obligations, TBH, I'd rather save potential hassle and just buy from someone else.

Any thoughts?

thanks

Originally Posted by Amadeus

It says of unwanted items, opened: "At our discretion we MAY be able to offer EITHER a partial product refund OR credit towards a new order". I had a look at the Which site Dave mentioned and it's not clear to me which bit covers my requirement (if I'm not happy with router, I can return it, opened, used (tho obviously that's not going to make any material difference to the product in this case) and get a full refund).
That said, if they're trying to get out of their obligations, TBH, I'd rather save potential hassle and just buy from someone else.

Any thoughts?

thanks

(Go to the bottom for the "in short" version)


Their notice is quite clear and its likely they took legal advice before presenting this policy.

There's a historical misconception that people were allowed to try online goods before returning them. This isn't necessarily true. What is clear is that if you return an item unused, having cancelled within the cancellation period and returned the goods in accordance with any instructions, a full refund must be provided (if requested).

There's no stipulation in the regulations that the packaging must be unopened to facilitate a refund. There's no requirement in the regs that this type of product must be returned "unsealed" (some traders erroneously rely on Regulation 28(3) which doesn't apply in this case).

What you need to pay attention to is Regulation 44(9):

If (in the case of a sales contract) the value of the goods is diminished by any amount as a result of handling of the goods by the consumer beyond what is necessary to establish the nature, characteristics and functioning of the goods, the trader may recover that amount from the
consumer, up to the contract price.

AND

... handling is beyond what is necessary to establish the nature, characteristics and functioning of the goods if, in particular, it goes beyond the sort of handling that might reasonably be allowed in a shop.

This has changed from the original regs. So, where people in the past assumed entitlement to try the goods for a while before having to return it, the drafters have attempted to create a fair and practical solution.

Ok, I'll stop boring you. Essentially it means that - depending on the type of product and what you did with it before returning it - the value of the return item may be diminished.

Your right to a full refund therefore depends on whether you were able to inspect the goods in the same way you could in a shop. If this particular product couldn't be examined, e.g was in a sealed package in a physical shop, the argument is (for cancellation purposes) that this is the condition in which it should be returned. But its not as straightforward as that, as we're not talking about a particular shop - more like the typical example of a shop of this nature.

For example, if you walk into Tesco and play around with one of their display Tablets to see how it works, one could argue this is the kind of examination which also applies to online goods (i.e. turn it on and go through the features).

This doesn't include setting it up, downloading / uploading content or personalising it in any way. Its simply checking functionality. I believe a good case could be made for returning an item for a full refund under these circumstances (note, this is different from returning it if faulty) but its not the same for some products such as underwear for instance, because it may not be possible to practically determine whether someone has worn it. And thus, the regulations make a specific exclusion for this type of item.

In short...

The policy isn't exactly correct in that it specifies discretionary refund only for "open items". This is effectively restricting a consumer's potential right to a refund (depending on what they have done with the goods to examine them - see note above).

However, the regulations were deliberately vague to some extent to prevent people exploiting explicit loopholes, so its likely a conclusive judgement could only be made by a Judge in a civil court to determine what exactly one can and cannot do in inspecting goods. Until then, this shop's interpretation may be speculation (as is my opposing opinion).

Practical Answer

Four choices:

1) Buy it & decide if its right for you before opening it. If not, return it with packaging intact for a full refund

2) Open & inspect. If it can be repackaged as received, then return for full refund (if you want one) or;

3) Buy it, open it, try it and return in accordance with their existing policy if necessary. But in which case, anticipate that a full refund is at their discretion. Or;

4) Buy, open, examine, re-package, return & (if dispute arises) argue that the value of the goods has not been diminished in requesting a full refund.

Are they wrong? Possibly the policy needs revision. The discretionary refund bit is their interpretation of the relevant sections quoted above. They'll argue that the value of the goods is diminished by unsealing it. Its a question of fact as to whether this type of product would lose any practical example by being opened.

You definitely did the right thing to check the policy though, so at least you know where you stand if you do go ahead. Not all online retailers may take this interpretation so you might find a more favourable policy elsewhere. Ultimately, if you believe you've not altered the goods or diminished its value, you can claim a refund under the Regs and contact CAB or Trading Standards if you're having difficulty - although I'm sure you'd rather avoid this possibility. If you're still not sure then I'm happy to clarify.

Wow.
What a well written, clear message. You have absolutely no place on a forum like this with all the rambling rubbish most of us spout out!

Seriously tho, thanks. That's very clear and great advice. I really appreciate it.