complex dsr issue

leeroy2009

what does this mean?

"Where our policy exceeds your statutory rights, it is not necessary to quote both our returns policy, and the statutory minimum"

this company gives no details of any rights under the dsrs the only policy they have is a there own 14 day one.

my problem has been going on for 3 weeks regaring a complaint i have with the company i bought some goods from.

i was hoping that as this company does not make you aware of any dsr regs, and only quotes theres, some requierments of the dsr is this
you must give consumers clear information including details of the goods or services offered, delivery arrangements and payment, the supplier's details and the consumer's cancellation right before they buy (known as prior information)
you must also provide this information in writing
the consumer has a cooling-off period of seven working days.

so this compnay has no provided this info in writing (th dsr 7 day cooling off) but only theres, and there 14 day policy gives me less rights to cancel then the dsrs would allow me for any reason.

they never make you aware of the stauary minium

from a online / telephone sales company.

gordikin

More details about the Co. and in English?

wealdroam

leeroy2009 wrote: »

what does this mean?

"Where our policy exceeds your statutory rights, it is not necessary to quote both our returns policy, and the statutory minimum"

My interpretation of that is...

"Because our policy exceeds your statutory rights, there is no need for us to tell you what your statutory rights are. All we have to tell you is what our returns policy is."

Whether they are right or not, in making that statement, I don't know.

leeroy2009

it was a mobile phone upgrade.

1. this company displays no details on cancelation as per the dsrs, ie no reason returns in seven days.

2. this company only displays and provides there own 14 day return policy, and it makes unreasonable demands ie "however you must not" "your phone must be returned in an "as new or "as sold" and "however you must not take or store photos, videos or load data of any kind to the phone including adding contacts etc"

shall i add a few more??? the point is this 14 days policy is unfair ie i could not return the phone in 2 days if i wanted to as this 14 day policy imposes terms such as those mentioned. - this is not allowed under dsrs.

3. this company has not dispalyed the dsrs or made you aware and take away your rights as the above, what im asking is beacuse they have not made me aware of my right to cancel within 7 days for any reason, they try to deny me the right to do this as per the 2 day example.

Does this mean that i would be within my rights to say this company has failed to provide me with the correct cancelation rights re the dsrs, and i now have up to 3 months to cancel because of this, or 7 days from when they correctly inform in in writing of my rigts under the dsrs

leeroy2009

wealdroam wrote: »

My interpretation of that is...

"Because our policy exceeds your statutory rights, there is no need for us to tell you what your statutory rights are. All we have to tell you is what our returns policy is."

Whether they are right or not, in making that statement, I don't know.

mate thats just it they restric the 7 day dsr rules by imposing unlawfull terms, (me last post)

what you think now?

leeroy2009

ie one main feature of a phone is a camera as well as the hi def recording video features, so im not allowed to use it to see if the video quality was any good etc, under there 14 day policy if i wish to return the items (this is nothing to do with my compalint, its not about the camera) i could not even return it in 2 days according to these 14 days policys

wealdroam

You asked "what does this mean?" I offered you my opinion.

Please can you post a link to their t&cs... not your translation of them.

leeroy2009

i appriciated that by the way.

here you go word for word,

　
Returns policy Online and telesales customers – Phones
[FONT=Helvetica 55 Roman,Helvetica 55 Roman][FONT=Helvetica 55 Roman,Helvetica 55 Roman]6.1 If you are a Three Customer who bought your Phone via Three’s own telesales team or via Three.co.uk, provided you have not used your Phone you may return your Phone and Boxed Accessories to us within 14 days of delivery. Please note the Returns Policy does not apply to customers who did not purchase their Phone via Three’s telesales team or via Three.co.uk
6.2 You must ensure that:
(a) your Phone and any Boxed Accessories are returned ‘as sold’ and ‘unused’. This means that you must not have used the Phone. By using the Phone, we mean:
(i) personalising it (for example, by setting the time or date, altering the menu views or ring tones or adding content of any kind (including any contacts)), or
(ii) using it to access any of Three’s Services (for example, making or receiving voice or video calls, or text, photo or video messages, accessing or downloading any content or browsing the internet (including pressing the "Planet 3" button on the Phone)), or
(iii) to take or store any videos, photos or loading data of any kind to the Phone (including ‘Contacts’ information); and
(b) your Phone and any Boxed Accessories are returned to Three within 14 days of delivery. You may be asked to provide proof of purchase (for example, a delivery note of the date you received the Phone if it was delivered to you). If you fail to return your Phone and Boxed Accessories within 14 days of delivery, but you still wish to end your agreement for the supply of Three Services during the Minimum Term of your agreement, you must pay us all the Charges you owe, plus any Cancellation Fee for your Package (as set out in the Price Guide) – see section 10 of the Terms for Three Services for details; and
(c) when you return the Phone and Boxed Accessories that they are in their original purchase condition with the original packaging and all other related material including any ‘free gifts’ that came with the Phone. If you do not do this, you will be charged for any items or components that are missing or which have been damaged since you received the Phone and Boxed Accessories. The applicable charges for these items are shown in the Price Guide; and
(d) your Phone must not have been damaged since you received it. If it has, you will not be entitled to return your Phone under this Returns Policy.
[/FONT][/FONT]7

unholyangel

Purpose of the DSR's is technically to allow you to inspect the items - as you would have in a shop.

I just bought a mobile and i know that unless they had a display model......they wouldnt be willing to let you try it out (at least in O2, Orange and CPW).

However usually you'll find a clause in their T&C's that state "This does not affect your statutory rights".

wealdroam

This document details DSR requirements.

Can we assume the provision of this phone is connected with an airtime contract?

If so, have a look at page 18 of the above doc.

Different rules apply to services where the consumer agrees that the service starts before the usual cancellation period expires. These rules are as follows.

• Where you have supplied the required durable information before the service starts and the consumer agrees to the service starting before the end of the usual cancellation period, their cancellation rights will end when performance of the service starts

In other words, as soon as you start using the telephone service, your right to cancellation ends.

I may be wrong, but that's my opinion.

leeroy2009

yes we can assume that, however it was a upgrade, new phone new tariff, they made a mistake on the tariff and i was given the wrong one, issue is still not resolved, they admit in writing they made a mistake, but they still have not changed it to the correct one.