Distance selling exceptions

Grush

I've just received a phone call from ShadeStation stating that, as I ticked a check box accepting that watch straps are non-returnable, they are exempt from the distance selling regulations. From what I've read/been told, I'm not sure I agree with that.

I've asked them to put their response in writing. They agreed to this and stated they will also be returning the watch strap.

Looks like I'll be writing to Trading Standards then...

derrick

Grush wrote: »

I've just received a phone call from ShadeStation stating that, as I ticked a check box accepting that watch straps are non-returnable, they are exempt from the distance selling regulations. From what I've read/been told, I'm not sure I agree with that.

I've asked them to put their response in writing. They agreed to this and stated they will also be returning the watch strap.

Looks like I'll be writing to Trading Standards then...

That is not true, you cannot sign away your statutory rights, and their T&Cs do not over ride the law.

When/if you get the letter stating what they have told you over the phone, then show it to TS.
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unholyangel

Grush wrote: »

I've just received a phone call from ShadeStation stating that, as I ticked a check box accepting that watch straps are non-returnable, they are exempt from the distance selling regulations. From what I've read/been told, I'm not sure I agree with that.

I've asked them to put their response in writing. They agreed to this and stated they will also be returning the watch strap.

Looks like I'll be writing to Trading Standards then...

I take it they're saying by ticking the box, you've agreed they're exempt?

They're wrong =/ And complete morons if they think their T&Cs override UK law. Seriously, what planet are they on? Do they not think if it were possible that ALL retailers would have you tick the box and refuse to sell to you unless you ticked it?

I presume they are relying on this part "excluding custom made items which are non returnable unless faulty". I can't see how they're custom made though. They're not personalised.

timbstoke

derrick wrote: »

As are faulty goods

[FONT=&quot]OFTs BUSINESS GUIDE TO DSR [/FONT]
From page 27; -
Who pays for returning the goods if the consumer cancels an order?
3.55 If you want the consumer to return the goods and to pay for that return, you must make it clear in the contract and as part of the required written information – see paragraph 3.10. If the consumer then fails to return the goods, or sends them at your expense, you can charge them the direct cost to you of the return, even if you have already refunded the consumer’s money. You are not allowed to make any further charges, such as a restocking charge or an administration charge.

3.56 If you did not include these details in the required written information then you cannot charge anything. See paragraph 3.10. You can never require consumers to pay the cost of returning substitute goods – see paragraph 3.1 for more information.

3.57 If the goods are faulty or do not comply with the contract, you will have to pay for their return whatever the circumstances.


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Not quite. The OFT's quide is indeed correct, but 3.57 is referring to their obligations under SOGA, not the DSR.

The OFT seem to be, pointing out that, while you can require the customer to pay to return goods under DSR, this will have no effect if the goods are faulty or not as described (because in this situation, SOGA is the relevant legislation). They're just skipping the reference to the actual legislation because, as long as a business knows what's required of them, it doesn't really matter if they know what legislation it falls under.

bod1467

Ah! So I was correct after all?

timbstoke

Well, it sounds like you're in line with my understanding of the two acts at the very least.

Of course, we could both be completely wrong!

Flyboy152

isplumm wrote: »

Did you atually quote that you wanted to return under dsr?

If not - do so ...

Mark

There is no requirement to do so. All the consumer has to do is write to cancel. That said, it can sometimes be useful to mention the DSRs, but not strictly required.

Grush

Update;

I've now received a reply to my letter from Shade Station as follows;

Dear Graham,

Unfortunately we will not be accepting your watch strap back on this occasion. Our terms and conditions clearly state that we do not accept returns of any watch strap as we have ordered this specially in for you.

We understands that you are unhappy with the colour of the strap, however we can only order the exact strap that came with the watch originally and the ES2293 comes with a brown leather strap.

Before we allow any orders for watch straps to be accepted, a tick box stating that you fully understand our terms and conditions has to be ticked.

I'm sorry if this has caused you any inconvenience.

Kind Regards,
Dan Harris

Shade Station

I have now forwarded my complaint to the OFT via the Consumer Direct website. Hopefully I'll get a satisfactory resolution soon.

Flyboy152

It might be help if you forward the guidance notes from the OFT to Shade Station.

The strap is not a custom product. It doesn't matter whether they have had to order it especially, or not, it is an off-the-self item. They say that themselves, as it is an original strap.

Grush

Flyboy152 wrote: »

It might be help if you forward the guidance notes from the OFT to Shade Station.

The strap is not a custom product. It doesn't matter whether they have had to order it especially, or not, it is an off-the-self item. They say that themselves, as it is an original strap.

Yes, that's exactly my point. I tried to get that across to them in the letter I sent, quoting the part explaining valid exceptions, but they chose to ignore it. They seem to think that their terms and conditions and tick boxes cover them.

As you correctly say, a stock watch strap is a special order but certainly not a "one-off".