Being conned out of £220.Distance Selling Reg

rmim

Hi All,

I'm very annoyed.

I just bought an e-reader - I spent a while researching which one, kindle, bebook, nook........etc.

It's not the same when you can't physically handle the device in person - even then you need a few days to work all the ins and outs.

Anyway, I remember something I read on MoneySavingExpert - Don't expect fewer rights online/Distance Selling Regulation..... (From the cut out). So I took the plunge, and ordered the bebook knowing that I could return it if worse comes to the worse.

Bebook arrived Thursday - I knew by Sunday there is no way I can live with this. Wacom screen was not responsive enough, I would even go as far as saying it's almost broken. You don’t expect a wacom screen to be unresponsive like that.

Anyway the C/S is terribly slow: I had requested a refund (saying the screen often does not register my clicks and I would like a refund) - as I was inside the 7days I thought they can't make a fuss as 'it against the law' (that's my understanding anyway).

[I ordered the nook, from another company - great machine. Cant zoom on PDF's, but if I can get it unlooked, I can get it to zoom and other great stuff]

No reply from them. Called a few times. Ans machine only. Emailed again. Web formed them again. Today they final reply:

' Thank you for contacting edock. We have looked into your refund request, and computer equipment of this kind are actually none refundable. The quality of the screen is standard for this model, upon researching we find that customers often review the same comments about screen quality.

Touch screen computer products of this kind fall outside the standard 7 day cooling off period and are none refundable complying with distance selling regulations.'



Arrrrghhhhhhhhhh - nooooooooooooooooooooooooooooo


Tell me he lies.


I replied back saying there is NO info on the advert that it is excluded from the 7day cooling period.

(By the way, I did not mention anything about Distance Selling Regulation - I just said I wanted a refund.)

I don’t see why an item like this is excluded. And if it is, it should be stated on the advert.

Often you go to argos and they tell you if something is excluded from the usual ??day money back. For example the ipod nano.

Please Help.

halibut2209

It is not excluded from DSR, but you should have been a bit clearer. Reply saying that under DSR they are legally obliged to refund it plus the initial delivery charge.

rmim

halibut2209 wrote: »

It is not excluded from DSR, but you should have been a bit clearer. Reply saying that under DSR they are legally obliged to refund it plus the initial delivery charge.

Thanks for the reply halibut2209

It not excluded - GREAT!!!

But he is saying it is!

And he has even used the term DSR

I dont mind not getting the postage back.

deanos

Sounds like you didn't cancel under the DSR but just said you wanted a refund because the screen seemed faulty ?

halibut2209

Doesn't matter. 7 working days have not passed so OP still has that right as long as email is sent ASAP

Interesting that DSR was mentioned by the retailer.

"Touch screen computer products of this kind fall outside the standard 7 day cooling off period and are none refundable complying with distance selling regulations."

Not true in the slightest!!

rmim

deanos wrote: »

Sounds like you didn't cancel under the DSR but just said you wanted a refund because the screen seemed faulty ?

Thanks for the reply deanos.

Yes but I was going to quote the DSR if they made a fuss, for example, if they said – It’s not broken no refund, I would have then said even though it’s not broken……

But he got in there first and said it was EXCLUDED from the DSR.

Now either it is excluded or it not.

Hillabut says it not excluded.

The man says it is.

What is my next step? Email and say no it’s not excluded please give me a refund? He has just lied to my face saying it’s excluded.

Next step guys? It cant be too late – the first email was sent out on Monday. Today is Wednesday, it’s not a week yet (and I don’t think weekends count)

Plus I paid for it on my Barclaycard (mastercard) - cant that help me out if these guys refuse to refund?

rmim

halibut2209 wrote: »

Doesn't matter. 7 working days have not passed so OP still has that right as long as email is sent ASAP

Interesting that DSR was mentioned by the retailer.

"Touch screen computer products of this kind fall outside the standard 7 day cooling off period and are none refundable complying with distance selling regulations."

Not true in the slightest!!

So what do I do, if this chap get my mail again? He is a lyer.

halibut2209

We'll deal with that when it comes. First thing you need to do is to cover your back and expressly request a refund under DSR within 7 workings days of delivery. Once that is made, then he can't claim that the time is up.

And he might not be a liar. He may just be mistaken


From the OFT's "A guide for businesses on distance selling"

3.38 Unless you have agreed that they can, your consumers cannot cancel
if the order is for:

services where you have had the consumer’s agreement to start
the service before the end of the usual cancellation period and you
have provided the consumer with the required written information
before you start the service, including information that the
cancellation rights will end as soon as you start the service

goods or services where the price depends on fluctuations in the
financial markets which cannot be controlled by the supplier

the supply of goods made to the consumer’s own specification
such as custom-made blinds or curtains. But this exception does
not apply to upgrade options such as choosing alloy wheels when
buying a car; or opting for add-on memory or choosing a
combination of standard-off-the shelf components when ordering
a PC, for example

goods that by reason of their nature cannot be returned

perishable goods like fresh foods or fresh cut flowers

audio or video recordings or computer software that the customer
has unsealed

newspapers, periodicals or magazines, and

gaming, betting and lottery services."



As you can see, a tablet is NOT exempt

shaun_from_Africa

As the website of the company concerned (edock) doesn't inform buyers of their rights under the DSR's, you actually have 3 months and 7 days in which to inform them of your wish to cancel the contract.

What they do actually state about returns is in fact illegal

Returns (unwanted items)
edock offers a 7 day money back policy.customers may return products within a 7 day period. All returned products must be in full working order and the packaging unopened.

You are not required to return the goods within 7 days, simply inform them that you want to return the goods within 7 working days (beginning the day after delivery), and they can not refuse a refund because the packaging has been opened.

So what do I do, if this chap get my mail again? He is a lyer.

Simply inform them that you are cancelling under the terms of the DSR's, and that if they refuse to refund you in full then you will have no option but to contact Trading standards and ask them to take action.

esuhl

There's some info about the Distance Selling Regulations on the OFT website. Have a read (most info is in the PDF in the first link in the article) and then you can get back to the seller explaining that touchscreens are not exempt and that they are legally obliged to give you a refund.

Do everything by email (rather than phone) so you can print off copies showing the date/time in case you need it. I find you get the best results if you avoid any kind of waffling or saying how disappointed you are, etc. Be brief: state what happened, what the law requires, what you want to happen, and what you will do if they fail to comply.

Good luck!

Equaliser123

Where did you buy it from? A UK website?