Question about DSR's

shaun_from_Africa

I must be missing something as I can't see anything about partial returns.
I would say that the important bit is

The DSRs require you to refund any money paid by or on behalf of
the consumer in relation to the contract to the person who made the
payment. This means the full price of the goods
Refund "any money paid" and the "full price of the goods".
Surely if the reg's allowed for partial returns, para 3,48 should state "full price of goods returned".

One thing that the regulations are very clear on is that once the consumer has advised the retailer of their wish to invoke their rights under the DSR's, the contract will be cancelled (it never mentions part of the contract being cancelled).

10-(1) Subject to regulation 13, if within the cancellation period set out in regulations 11
and 12, the consumer gives a notice of cancellation to the supplier, or any other person previously
notified by the supplier to the consumer as a person to whom notice of cancellation may be given, the notice of cancellation shall operate to cancel the contract.

Just to clarify, the "contract" ONLY refers to the item you are returning. It doesn't refer to everything in the order.

But the DSR's only ever refer to "the contract", never multiple contracts.
One order, one offer of payment, one acceptance and one payment must surely mean only one contract.

The DSR's themselves define a distance contract as

"distance contract” means any contract concerning goods or services concluded between a supplier and a consumer under an organised distance sales or service provision scheme run by the supplier who, for the purpose of the contract, makes exclusive use of one or more means of distance communication up to and including the moment at which the contract is concluded;

halibut2209

shaun_from_Africa wrote: »

I must be missing something as I can't see anything about partial returns.
I would say that the important bit is



Refund "any money paid" and the "full price of the goods".
Surely if the reg's allowed for partial returns, para 3,48 should state "full price of goods returned".

One thing that the regulations are very clear on is that once the consumer has advised the retailer of their wish to invoke their rights under the DSR's, the contract will be cancelled (it never mentions part of the contract being cancelled).

Let's look at this 2 ways. Either ALL the items ordered are part of the contract, or each item is separate.

Let's assume the former. By your own words, if DSRs are invoked then the contract is void, and therefore ALL items must be returned

But if it's the latter, then you are still liable for the postage of the other items.

You can't have it both ways. Which is it? All the items are part of the contract, or is each item a separate contract?

EDIT:

"One order, one offer of payment, one acceptance and one payment must surely mean only one contract."

The contract refers to the item in question. If you go to a supermarket and buy £100 pounds worth of goods, each item is its own "contract". It's silly to suggest that everything in your weekly shop is dependant on each other

shaun_from_Africa

Where have I said (or implied) that I want anything both ways?
In fact I was very specific about what I thought the contract covered.

One order, one offer of payment, one acceptance and one payment must surely mean only one contract.

My opinion (and I've yet to read any legislation to show this is wrong), is that an order for goods, irrespective of how many items have been ordered and supplied is one contract.


The regulations state that once you have informed a retailer of your wish to cancel under the DSR's then the contract will be treated as if it never existed and the retailer is obliged to return all monies paid.
Most retailers will allow partial returns, but I haven't seen anything in the DSR's or the guidance notes for this that state that they must do so.

EDIT: The contract refers to the item in question. If you go to a supermarket and buy £100 pounds worth of goods, each item is its own "contract". You don't have to return everything if you want to take just 1 thing back

Chalk and cheese. Two totally different matters, covered by totally different legislation, but as you mentioned it, if you want ot return something to a shop for a change of mind, then the retailer could refuse a refund unless you returned everything as they are under no obligation to allow you to return unless the goods are faulty.

halibut2209

"The regulations state that once you have informed a retailer of your wish to cancel under the DSR's then the contract will be treated as if it never existed and the retailer is obliged to return all monies paid."

EXACTLY!

Therefore YOU are required to return ALL the goods as if the contract never existed.

However, if you DON'T want to return all the goods, then you must still pay the delivery for the other goods.

halibut2209

shaun_from_Africa wrote: »

if you want ot return something to a shop for a change of mind, then the retailer could refuse a refund unless you returned everything as they are under no obligation to allow you to return unless the goods are faulty.

I was showing that the DSRs are there to protect you in the same way as if you bought something in a shop. Mulitple items in a single purchase are the same thing both in a shop and online.

halibut2209

shaun_from_Africa wrote: »

Where have I said (or implied) that I want anything both ways?

You can have some of the items with postage paid, or none of the items with no postage paid. You are saying/implying that you can have some of the items with no postage paid. That's having it both ways.

Could I order several large items of furniture from a store for a hefty postage charge and a pair of socks, then return the socks and get free postage for the large goods? I think not, and I doubt any judge would see it that way either.

shaun_from_Africa

halibut2209 wrote: »

EXACTLY!

Therefore YOU are required to return ALL the goods as if the contract never existed.

However, if you DON'T want to return all the goods, then you must still pay the delivery for the other goods.

And this is where our opinions differ.
My opinion is that unless you return all the goods, then the retailer doesn't have to accept the cancellation of the contract, hence they don't have to take back the partial order.

You can have some of the items with postage paid, or none of the items with no postage paid. You are saying/implying that you can have some of the items with no postage paid. That's having it both ways.

I think you've read something that I've not posted.
I said that if you want to cancel under the DSR's then you must return all the items (ie, no partial returns), so I don't think that you can have some items with no postage paid, and I clearly stated this in my very first post on this thread.

you are cancelling the original contract of sale, and for this reason I would have thought that a retailer would be able to state that they require all of the items purchased to be returned and not only part of the order

.



Anyway, I think it's time to draw a line under this discussion as at the moment we are 2 people with different interpretations about a few words on a bit of paper, and even experts can interpret the law differently

bris

Of course you can return single items, your not going to buy 6 items of clothing from next, for example, and return them all just because one of them doesn't fit. The DSR are not that silly.

vicmorrow

Under DSR you don't need to return the goods to get a refund....you just have to inform the seller in writing you want to cancel and they should refund within 30 days.

shaun_from_Africa

The DSR are not that silly.

Well, they are silly enough to state that a retailer must refund a consumer in full within 30 days of the consumer notifying them of their wish to cancel, and they must give this refund even if the consumer fails to return the goods or returns them smashed into little pieces.