We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Distance selling regulations....
newlywed
Posts: 8,255 Forumite
OH bought a table saw on the internet - from a proper UK company - not ebay or anything 
On unpacking the saw he discovered the fence would not stay parallel to the blade due to poor design, the blade itself was not true to the table and could not be adjusted to a correct 90 deg to the table surface.
So without using it, he asked to return it as it was faulty design.
They stated if it was faulty he should contact the manufacturer. So he then contacted the original seller and said he would like to return it for a refund. He paid to courier it back to them.
Q: Their website says in the case of unwanted items they won't refund the delivery charges for when they delivered the product to him. But the distance selling regs seem to say they have to?
Q: Their website says it has to be returned with all the packaging in tact, unopened - but am I right in thinking distance selling regs say that's unreasonable as long as he returns the actual packaging with it?
Can anyone advise?
Also: he's looking at purchasing an alternative (more expensive make) - many of the websites say they will only issue a credit or exchange in the case of cancelled or returned orders. Can they really keep to this or do the distance selling regulations mean they have to cough up actual cash??
On unpacking the saw he discovered the fence would not stay parallel to the blade due to poor design, the blade itself was not true to the table and could not be adjusted to a correct 90 deg to the table surface.
So without using it, he asked to return it as it was faulty design.
They stated if it was faulty he should contact the manufacturer. So he then contacted the original seller and said he would like to return it for a refund. He paid to courier it back to them.
Q: Their website says in the case of unwanted items they won't refund the delivery charges for when they delivered the product to him. But the distance selling regs seem to say they have to?
Q: Their website says it has to be returned with all the packaging in tact, unopened - but am I right in thinking distance selling regs say that's unreasonable as long as he returns the actual packaging with it?
Can anyone advise?
Also: he's looking at purchasing an alternative (more expensive make) - many of the websites say they will only issue a credit or exchange in the case of cancelled or returned orders. Can they really keep to this or do the distance selling regulations mean they have to cough up actual cash??
working on clearing the clutterDo I want the stuff or the space?
0
Comments
-
He's entitled to a refund. They will have to pay the initial delivery charge, but he needs to pay to return it.
Lots of websites put very misleading T&Cs, which are just plainly wrong. A companies T&Cs do not override statutory rights. However, lots of people do not realise this and just accept things at face value. Lot's of companies use the "oh but it's been opened therefore no refund". That's just bullcrap.
Sort it out sooner rather than later though. Just call them up today and put your foot down.0 -
Thanks. Will get him to email referring to the regs and saying he awaits full refund working on clearing the clutterDo I want the stuff or the space?0
-
Thanks. Will get him to email referring to the regs and saying he awaits full refund
Have a look HERE, in particular, Pages:-
17, 3.23.
20, 3.26
25, 3.48
27, 3.55
28, 3.58 & 3.59
Also DSR's:-
S 10 & 11
Also your contract under SoGA is with the retailer NOT the manufacturer.
The retailer shall bear any costs associated with returning faulty/damaged goods under SoGA, See section 48 from this link SoGA. eg section 48B; -
"(2) If the buyer requires the seller to repair or replace the goods, the seller must—
(a) repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;
(b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage)."Don`t steal - the Government doesn`t like the competition0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 352.1K Banking & Borrowing
- 253.6K Reduce Debt & Boost Income
- 454.2K Spending & Discounts
- 245.2K Work, Benefits & Business
- 600.8K Mortgages, Homes & Bills
- 177.5K Life & Family
- 259K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards