DSR Madness

neilmcl

bitemebankers wrote: »

You're correct that a retailer could in theory negotiate separately with each customer, but this is ridiculous from a business POV. As I said, DSR *effectively* prevents retailers from servicing orders bespoke orders which might take more than a month.

They don't need to negotiate seperately, all the retailer needs to do is have a set of T&Cs that allow for different delivery timescales.

bitemebankers

neilmcl wrote: »

They don't need to negotiate seperately, all the retailer needs to do is have a set of T&Cs that allow for different delivery timescales.

No, that's not "all they need to do". If delivery is going to take longer than a month, the retailer needs to put this in *writing* to the buyer and get individual authorisation from them before they can proceed. It's a ridiculous state of affairs, but this is the only way that a retailer can properly cover themselves under DSR.

The problem is that the retailer needs to be able to prove that the customer has agreed to the longer delivery time as DSR normally gives the customer an automatic right to cancel any order that takes longer than 30 days to fulfil. Simply having separate T&Cs will not help a retailer prove this in the event of a dispute.

neilmcl

30 days is the default position if no other period is agreed. If you lay down a different period(s) within your terms & conditions then by definition these are the new periods agreed to by both parties on formation of the contract.

Also, what bespoke products do you refer to that are included in the DSRs?

bitemebankers

neilmcl wrote: »

30 days is the default position if no other period is agreed. If you lay down a different period(s) within your terms & conditions then by definition these are the new periods agreed to by both parties on formation of the contract.

Not true - and exactly the kind of wrong advice that gets retailers into trouble...!

Simply burying it in your T&C is not sufficient. If delivery is going to take longer than 30 days, you need to specifically point this out to the customer and get their express agreement. This isn't practical for most retailers.

Also, what bespoke products do you refer to that are included in the DSRs?

Most bespoke products are automatically covered by DSR. There's a common misconception that because bespoke products aren't affected by the DSR cancellation clause, that somehow the entire DSR regulations can be ignored - this is not the case.

neilmcl

What's not true about this.

(vii) The arrangements for delivery or performance of the service, for example when consumers can expect delivery of the goods or the service to start. The contract should be performed within 30 days unless the parties agree to a different period. There is more information on this at paragraph 3.16 under ‘Carrying out the contract’.

Then this:

3.16 A contract must be carried out within the time limits agreed with the consumer as stated in your terms and conditions. If no period has been agreed, the statutory time limit is 30 days from the day after the day the consumer sends the order to you.

bitemebankers

neilmcl wrote: »

What's not true about this.

Congratulations - you've quoted the DSR. We have been advised that we must get approval from the customer if delivery is likely to take longer than 30 days, regardless of what's in the T&Cs. I think I'll go with the solicitor's interpretation of the law rather than yours. I think we'll have to agree to disagree on this one.

neilmcl

bitemebankers wrote: »

I think I'll go with the solicitor's interpretation of the law rather than yours. I think we'll have to agree to disagree on this one.

I don't have an interpretation, I'm simply quoting what the OFT says. As you say we'll have to disagree.