Distance selling regulations

  sdf 23:34 14 Sep 2003

Hi, I have a quick question, hopefully the situation will not arise, but... On the 1st this month I ordered a laptop from multivision which has not yet arrived. In fairness they did warn me of this delay a day or so after placing the order (still not hugely happy - but if they're out of stock their out of stock :-S). My Question is this: when does my 14 days with which I can reject the item for any reason begin from date of purchase, from when they took the money (a week ago) or when I actually recieve the item. Touch wood I shall not need use of this facility, but just for my own piece of mind. Responses greatly appreciated

  JIM 00:17 15 Sep 2003

(when they took the money (a week ago)

not normaly the way its done so i would check on that.Sorry i don't know the answer.

  sdf 00:29 15 Sep 2003

thanks anyway Jim :-) Anyone know for sure?

I can say with some authority that the time starts to run from when you receive the goods. The actual provision states -

11(2) "Where the supplier complies with regulation 8, the cancellation period ends on the expiry of the period of seven working days beginning with the day after the day on which the consumer receives the goods".

UK SIs--SI 2000/2334 Consumer Protection (Distance Selling) Regulations 2000-

  sdf 00:37 15 Sep 2003

Thanks Smiffy

Watch out for s13(1):

(1) Unless the parties have agreed otherwise, the consumer will not have the right to cancel the contract by giving notice of cancellation pursuant to regulation 10 in respect of contracts?

(c)for the supply of goods made to the consumer?s specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly;

Sorry, tabbed too soon.

What this means is that if you asked for extra Ram, a DVD writer instead of a CD/RW or some other "customisation" then they may well not accept such a cancellation.

  Forum Editor 02:58 15 Sep 2003

may have misunderstood the question slightly.

You said: "when does my 14 days with which I can reject the item for any reason begin" and 'reject' doesn't relate to cancelling the purchase. You don't intend to cancel the purchase if I read you right - you are concerned about rejecting the machine for not being 'fit' under the terms of the supply of goods to consumers regulations. If that's the case, forget about 14 days.

If you aren't happy that the computer is fit for its purpose you can reject it, and ask the supplier to refund your money. If the machine develops a fault wihin six months of the purchase date the law will assume that the fault existed at the point of purchase, unless the supplier can prove otherwise - you don't have to prove anything. In such a case the supplier has the right to attempt to repair the fault within a 'reasonable' time (not specified), failing which you can request a refund, or a new machine.

I'm sure that none of this will arise, and I hope you enoy using your new computer.

  kinger 21:44 21 Sep 2003

The Consumer Protection (Distance Selling) Regulations 2000 (SI 2334/2000), introduces a 'cooling off' period, i.e. a right to cancel your order. This is nothing to do with the Sale of Goods Act which deals with faulty products. If your purchase is faulty, we will deal with this under our normal returns procedure.

If you have received goods and have simply changed your mind about purchasing them, you may return the goods to us for full credit, without restocking fee, subject to the following conditions:

The item(s) is in stock condition i.e. as delivered.
You inform us of your desire to cancel within seven working days of receipt of the item(s). You can contact us via email (our preferred method of communication), fax, telephone, or by post to tell us this.
The goods are not made to the consumer's specification or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
The goods are not software which is unsealed
You pay the return freight charges, either using our collection system or by using a method of your own choosing. See below for details of these options.
Goods are returned as soon as possible in order that your credit can be actioned within 30 days.
Goods are returned in a re-saleable condition and in original packaging

  kinger 21:47 21 Sep 2003

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