Long Distance Selling regulations

  Cara2 18:05 14 Jan 2012

Having read the regulations, I know that there is a seven day cooling off period.

Within what period of time should the shop receive the goods back? So long as the goods are on their way back by day 8, is this okay? Or do goods have to be back at the shop within a certain time, according to legistration?

Hope I am making sense.

  beeuuem 18:33 14 Jan 2012

The DSR do not specify a time limit for the return of goods.

The nearest reference to this is http://www.out-law.com/page-430#Return If, within 21 days following cancellation of the distance contract, the supplier requests the consumer to return the goods and the consumer unreasonably refuses or unreasonably fails to comply with the request, the consumer's obligation to retain possession and take reasonable care of the goods continues until he delivers the goods to the supplier.

If the supplier fails to request the return of the goods within 21 days following cancellation of the distance contract, the consumer's obligation to take reasonable care of the goods ceases at the end of the 21 day period.

Once the goods have been rejected the refund should be made within 30 days. The refund is NOT dependent on the goods having being despatched or received by the supplier.

  Cara2 18:47 14 Jan 2012

Okay thanks.

What I am trying to clarify, is that I am okay to keep the goods for 7(working) days and then make a request to return them. Getting them back to the shop within the 7 days is not part of the equasion?

  Cara2 18:52 14 Jan 2012

Quote from retailers website:

"If you are not completely satisfied with your purchase, simply return the goods to our warehouse within 14 days of receipt and we will issue you a full refund (excluding original delivery charges) upon receipt, subject to the terms and conditions detailed below.* The parcel can take up to 7 working days to reach us therefore we recommend that you send items back within 7 days of receipt to ensure the goods arrive to us within 14 days or receipt, so we can process your refund".

The above indicates that the consumer does not necessarily have 7 days to make up their mind, as they have to be mindful of the time it takes to get the item back to base (which is via their courier).

Might just be me, but the above statement seems a bit woolly?

  morddwyd 19:44 14 Jan 2012

Hopefully the FE will come back to you when he next logs on, but as far as I am aware, you haver seven days to reject the goods, but this means advising the supplier that you are rejecting them, i.e. by by e-mail or Royal Mail.

The time-scale for the physical return of the goods I'm not sure about.

  frybluff 20:50 14 Jan 2012

Obviously, if you are returning the goods because they are faulty, or not as described, different rules apply. If the return is because you have "changed your mind", it is your responsibility to notify, and return within 7 days, from receipt. I believe the law is "A BIT WOOLY" as to the definition of the word RETURN. Your supplier's terms are an effort to clarify THEIR view of the law. What they are saying is "rather than argue about how long the post took to return an item, they will asume that could take up to 7 days, in itself, and, therefore, accept any item PROVIDED it arrives within 14 days of its original delivery, to you, irrespective of when you posted it. This means you could post it after more than 7 days, provided your CARRIER gets it there by the 14th day. Obviously, if you leave it after 7 days, you may have to pay more for express delivery. Use a carrier that provides tracking, and insurance. It is still advisable to notify your intention to return, within the 7 days.

  beeuuem 21:05 14 Jan 2012

The retailers terms and conditions cannot take away any of your rights under DSR. Thus, as long as you properly notify them (e.g. by email ) within 7 days of receipt, the contract is cancelled and you are entitled to a refund.

Should the retailer specify that the goods are returned by a courier of their choice that has no bearing on your rights. The contract is cancelled at the point you notified the retailer. How long the courier takes to collect the goods and deliver them to the warehouse is not your problem.

The retailer is not allowed to withhold the refund, even if they have not received the goods.

  Forum Editor 01:46 15 Jan 2012

"So long as the goods are on their way back by day 8, is this okay?"

The important thing is that if you decide to return the goods you must notify the seller within 7 days, starting with the date of receipt.

That notification must be by email, or fax, or letter (not phone call), delivered to the seller's registered trading address. It's then up to the seller to notify you as to how and when the goods should be returned - you shouldn't return anything until you have this notification.

The seller has 30 days within which to refund your money, starting on the day the seller received your notification.

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