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Help on Distance Selling Regulations

Discussion in 'The Lounge - Off Topic' started by Jimbooo, Jul 1, 2008.

  1. Jimbooo

    Jimbooo Nibble Poster

    I can't seem to understand how the DSR works?

    If I buy a product from a company, and receive it through the post, do I have seven days to return it even if it doesn't have any defects?
    Certifications: 4 A-Levels
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  2. greenbrucelee
    Highly Decorated Member Award

    greenbrucelee Zettabyte Poster

    In the high street when you buy something, if you don't like it you can exchange it for something else. I don't think this is possible with buying on the net although some clothing companies like next do have an offer where if you decide you don't want the item you can return it with in 7 days and get your money back.

    But this doesn't happen with everything like products like a PSU for instance, you cant just say I don't like that one I want another. I think it depends on the product.
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  3. somabc

    somabc Bit Poster


    Distance Selling Regulations

    If you sell goods or services to consumers by:

    * the internet
    * digital television
    * mail order, including catalogue shopping
    * phone
    * fax

    then you need to know about the Consumer Protection (Distance Selling) Regulations 2000.

    The key features of the regulations are:

    * you must give consumers clear information including details of the goods or services offered, delivery arrangements and payment, the supplier's details and the consumer's cancellation right before they buy (known as prior information)
    * you must also provide this information in writing
    * the consumer has a cooling-off period of seven working days.

    What is distance selling?

    The regulations cover distance contracts for goods and services made between suppliers and consumers. Business to business contracts are not covered. A distance contract is one where there has been no face to face contact between the consumer and a representative of your business, or someone acting indirectly on your behalf, such as in a showroom or a door to door sales person, up to and including the moment that the contract is concluded.

    If you do not usually supply consumers by distance means, but you agree to do so in response to a one-off request, the Regulations will not apply to you. However, if your business regularly handles 'one-off' requests and is organised so that it can deal with such requests (for example, there is a mail order facility), you will need to comply with the Regulations.

    Exceptions to the regulations

    The regulations do not apply to:

    * financial services
    * sale of land or buildings
    * purchases from a vending machine or automated commercial premises
    * the use of a public pay phone
    * auctions, including internet auctions
    * rental agreements that have to be in writing (i.e. a lease for three years or more)

    There are also some partial exceptions. The information and cancellation provisions do not apply to contracts for: accommodation, transport, catering, and leisure services, including outdoor sporting events, but only where the supplier agrees to provide these on a specific date or within a specific period. In addition, the provisions do not apply to package travel, timeshare, and contracts for the supply of food, drinks or other goods for everyday consumption supplied by 'regular roundsmen'.

    Also the right to cancel does not apply to the following, unless you agree otherwise:

    * personalised goods or goods made to a consumer's specification
    * goods that cannot, by their nature, be returned
    * perishable goods (eg flowers, fresh food)
    * un-sealed audio or video recordings or computer software
    * newspapers, periodicals or magazines
    * betting, gaming or lottery services
    * services that begin, by agreement, before the end of the cancellation period providing the supplier has informed the consumer before the conclusion of the contract, in writing or another durable medium, that he will not be able to cancel once performance of the services has begun with his agreement
    * goods or services, the price of which is dependent on fluctuations in the financial market.

    Cancellation periods

    The regulations give consumers an unconditional right to cancel an order. This is to allow the consumer the opportunity to examine the goods or consider the nature of a service.

    If a consumer cancels an order, written notice must be given to you by:

    * goods – seven working days from the day after that on which the goods are received by the consumer;
    * services – seven working days from the day after that on which the consumer agrees to go ahead with the contract.

    If you fail to provide consumers with written confirmation of all the required information, then the cancellation periods can be extended up to a maximum of three months and seven working days. If the missing information is provided during this time, then the cancellation period ends seven working days beginning with the day after the full written confirmation is received by the consumer.

    Where a contract is cancelled, the consumer must ensure that reasonable care is taken of any goods received and 'restore' them to you. This does not mean that they have to return them - unless you stipulate this in the contract - only that they make them available for you to collect.

    You must refund the consumer's money as soon as possible and, at the latest, within 30 days of receiving the written notice of cancellation. The consumer may, at your discretion, be charged the direct cost of returning the goods, but you must tell them about this in the written information you give them.

    If payment for the goods or services is under a related credit agreement, the consumer's cancellation notice also has the effect of cancelling the credit agreement.
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  4. Jimbooo

    Jimbooo Nibble Poster

    It's a motherboard that'll be arriving from advancetec.

    They don't actually have it in stock yet, and I don't know if they've taken payment, so I thought I would buy it from somewhere else instead and send the first one I ordered back when it arrives..
    Certifications: 4 A-Levels
    WIP: BSc (Hons) Computing
  5. hbroomhall

    hbroomhall Petabyte Poster Gold Member

    A pretty good summary is here.

    Note the seven day 'cooling off' provision.

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  6. kevicho

    kevicho Gigabyte Poster

    Why dont you email to cancel the order.
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  7. NightWalker

    NightWalker Gigabyte Poster

    You normally have to pay the return postage with a return under the DSR.
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  8. Jimbooo

    Jimbooo Nibble Poster

    If I do that, they say there's a 25% 'restocking fee'...

    Sooo I figured, if I could, it'd be cheaper to return it under DSR?
    Certifications: 4 A-Levels
    WIP: BSc (Hons) Computing

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