Clarification of DSR - help welcomed

flobbadob

Despite studying the DSR for weeks now, a few things still leave me baffled. I'm hoping you consumer boffins will be able to assist.

Firstly if it becomes necessary to make a return, am i required to invoke the DSR (i.e. 'I wish to cancel under DSR'), or does my written request for a refund carry the weight of DSR regardless.

Secondly with reference to paragraph 3.24 "Can I offer a longer cancellation period under my own contract terms?", the DSR states "Yes. If you do, you need only inform consumers about the longer period you are offering."

Now if a retailer offers a more generous returns policy on their T&C (e.g. 15 days), can this be taken to mean an extension of DSR?

Many thanks

hollydays

Odd question from someone studying the law.Can't you ask your Tutor?

flobbadob

that's really helpful, thanks hollydays

giggity

Short answer is yes to both!

DS Regs makes it clear it's the consumers responsibility to communicate their intention to return (in writing) within the cooling off period. How this works in practice depends on the retailer.

The guidance requires the retailer to communitate the procedure the consumer must follow to claim a refund (either in t&c's, delivery docs or email etc). Some retailers want you to notify them via your account profile, some want you to phone in advance of returning an item and then complete a returns form or some want you to email in advance of posting.

Retailers can extend the cooling off period past 7 days to whatever they want, they don't need to formally state it is an extension as per the DSR.