Distance Selling Regulations Clarification

DWatts

This isn't relating to a specific case, but just a general question regarding the DSR's.

I've always understood the DSR's to apply 7 working days on the day after you receive the goods - and that it's your responsobility to post the goods within that time.

On an Amazon order e-mail:

To cancel this contract, please pack the relevant item securely, attach your personalised return label and send it to us with the delivery slip so that we receive it within 7 working days after the day of the date that the item was delivered to you.

So is this the correct interpretation of the law? I have to guarantee Amazon will receive the item back within that time for the contract to be cancelled? I would have thought the contract would be classed as cancelled once I can prove the goods have left my posession and are in transit.

Could anyone clarify?

unholyangel

Both interpretations are incorrect.

You only need to notify them of your intent to cancel within 7 working days - starting the day after delivery providing they have informed you of your right to cancel in a durable medium. For email/fax it is treated as being "served" the day you sent it. For snail mail, it is treated as being "served" the date you post it (obviously proof of posting would be your best bet if you're running on the deadline).

There is no requirement to send the goods back within that time. Technically, they must still cancel and refund even if you do not send the goods back although they can then claim against you for breach of statutory duty. However in practice, most companies simply wont refund unless they have received the items back.

Also bearing in mind, unless they tell you that you have to return them, your only obligation is to take reasonable care of them and make them available for collection. Likewise, if you are liable for the return postage costs, they need to have informed you of this - in a durable form - prior to the conclusion of the contract.

Just some sections from the DSRs to confirm what I have said above:

(4) A notice of cancellation given under this regulation by a consumer to a supplier or other person is to be treated as having been properly given if the consumer—
(a)leaves it at the address last known to the consumer and addressed to the supplier or other person by name (in which case it is to be taken to have been given on the day on which it was left);
(b)sends it by post to the address last known to the consumer and addressed to the supplier or other person by name (in which case, it is to be taken to have been given on the day on which it was posted);
(c)sends it by facsimile to the business facsimile number last known to the consumer (in which case it is to be taken to have been given on the day on which it is sent); or
(d)sends it by electronic mail, to the business electronic mail address last known to the consumer (in which case it is to be taken to have been given on the day on which it is sent).

11.—(1) For the purposes of regulation 10, the cancellation period in the case of contracts for the supply of goods begins with the day on which the contract is concluded and ends as provided in paragraphs (2) to (5).
(2) Where the supplier complies with regulation 8, the cancellation period ends on the expiry of the period of seven working days beginning with the day after the day on which the consumer receives the goods.
(3) Where a supplier who has not complied with regulation 8 provides to the consumer the information referred to in regulation 8(2), and does so in writing or in another durable medium available and accessible to the consumer, within the period of three months beginning with the day after the day on which the consumer receives the goods, the cancellation period ends on the expiry of the period of seven working days beginning with the day after the day on which the consumer receives the information.
(4) Where neither paragraph (2) nor (3) applies, the cancellation period ends on the expiry of the period of three months and seven working days beginning with the day after the day on which the consumer receives the goods.

DWatts

unholyangel wrote: »

Both interpretations are incorrect.

You only need to notify them of your intent to cancel within 7 working days - starting the day after delivery providing they have informed you of your right to cancel in a durable medium. For email/fax it is treated as being "served" the day you sent it. For snail mail, it is treated as being "served" the date you post it (obviously proof of posting would be your best bet if you're running on the deadline).

So is 'notifying them of my intent to cancel' the act of sending the item back? In which case isn't what I said before correct, that I have to post the item within the 7 working days after the day I receive the item?

Thanks for the other info though - it confirms what I thought about the DSR's it's just the Amazon email contradicts everything I understood about the DSR's.

wealdroam

DWatts wrote: »

So is 'notifying them of my intent to cancel' the act of sending the item back? In which case isn't what I said before correct, that I have to post the item within the 7 working days after the day I receive the item?

Thanks for the other info though - it confirms what I thought about the DSR's it's just the Amazon email contradicts everything I understood about the DSR's.

Where UnholyAngel says "send it" and "post it", he/she is referring to sending or posting the notice of cancellation... not the sending or posting of the goods back to the supplier.

visidigi

yep and the durable means of that would be creating a return on Amazon, for which you should receive an email confirming return has been requested.

I did one the other day...Amazon said I had 30 days to post the item back - but I had notified them via the returns interface within minutes of delivery.

Sue_1979

Hello

The last place I worked for sent items out from the internet. We were told that as long as the client CONTACTS us within 7 days of them receiving the item we had to offer them a full refund. Furthermore the client has 30 days to return the item and as long as they CONTACT you within 7 days.

Sue

mo786uk

As above, you only need to tell them within 7 working days (in writing) - they must then refund you within 30 days and they must do so regardless of whether you send the goods abck or not.

In practice many shops will not refund until they have the goods abck due to consumers taking the !!!!.

The DSR wil be amended in a couple of years as it will go from 7 working days to 14 calendar days I believe. it woudlnt surprise me if other amendments are made at that time. too many shops ocmplain that the DSRs are unfair on them - and they have a case.

DWatts

wealdroam wrote: »

Where UnholyAngel says "send it" and "post it", he/she is referring to sending or posting the notice of cancellation... not the sending or posting of the goods back to the supplier.

Ah - I see now. That's quite a lot more leniant than I originally understood the DSR's.

Thanks for the info everyone. It's unlikely I'll want to send the item back but it's always good to know where you stand! I wouldn't be covered by Amazon's usual returns since I'll have to open the box to see if the item's any good.

visidigi

DWatts wrote: »

I wouldn't be covered by Amazon's usual returns since I'll have to open the box to see if the item's any good.

You have to use the returns service to return to Amazon - no matter what the reason - if you email them to say you wish to return it they just open the same returns ticket for you that you could use yourself.

In the returns center you then state the reason - the one I sent back recently was not correctly described on the website, so it automatically gave me a prepaid postal label.

Gotta love the efficiency that is Amazon (still amazes me others think they can get away with be so useless for long with the way Amazon do it...)

DWatts

visidigi wrote: »

You have to use the returns service to return to Amazon - no matter what the reason - if you email them to say you wish to return it they just open the same returns ticket for you that you could use yourself.

In the returns center you then state the reason - the one I sent back recently was not correctly described on the website, so it automatically gave me a prepaid postal label.

Gotta love the efficiency that is Amazon (still amazes me others think they can get away with be so useless for long with the way Amazon do it...)

Yes I'll still have to use their returns service, but it won't be under their returns policy so I won't get a prepaid postage label. The item in question is a camera and to be eligible under their policy it has to be unopened..and obviously I can't tell if the camera's any good or not by looking at the box!