Question about DSR's

shaun_from_Africa

I've just sent an enquiry to Consumer direct to get their opinion. I did try Trading Standards, but they just redirect to the CD website.

Here's the question I asked, and will copy the reply if/when I receive it.

I have a query regarding my rights under the Distance selling regulations, which I was hoping that you could answer for me.
I understand that when a distance sale is covered by these regulations, I have a period of 7 working days following day of delivery to inform the retailer of my wish to cancel the contract, but I was wondering how "The contract" is defined under the regulations.

If I were to purchase several items at the same time, placing one order and paying for the goods with one payment, would each separate item be classed as a separate contract, or would there be one contract in place for all of the items?

Basically, I wish to know what my rights are under the DSR's with regards to requesting a partial return of the total order.
Is the retailer legally obliged to accept a request for a partial return and pay a pro-rata refund, or can they insist that all the items made on the original purchase must be returned in order to qualify as a cancellation under the DSR's?

halibut2209

EDIT: Ignore this. I'm being stupid

halibut2209

Shaun, what is your opinion of what the answer will be? I'm saying each one is separate under DSR (though you'd have to still pay outbound postage on the remaining items).

mo786uk

halibut2209 wrote: »

How can that be one contract?

Say you buy four items at B&Q

If one item is faulty and needs replacing, how can they then have to replace all four items?

Are you seriously suggesting that if you want equal rights for all your products, you should have a separate receipt for each one?

The fact that you buy several things at the same time is IRRELEVANT. Each product is its own product. Its own purchase. Its own guarantee. Its own warranty. Its own rights. The fact that it was paid for at the same time as something else is IRRELEVANT

I see your point and I don't disagree - but I think the DSRs are written in the way that I have already described.

If you went into a shop and bought 4 items together I am not denying you would have seperate rights for all of them. What I am saying that for the purposes of the cancellation rights under the DSRs they have written it so that the collective purchase for all of those goods is 'a contract',

I think Consumer Direct will just come back with the 'real world' answer that I gave previously - that being that shops will give partial refunds based on the items you want refunded.

vicmorrow

mo786uk wrote: »

I see your point and I don't disagree - but I think the DSRs are written in the way that I have already described.

If you went into a shop and bought 4 items together I am not denying you would have seperate rights for all of them. What I am saying that for the purposes of the cancellation rights under the DSRs they have written it so that the collective purchase for all of those goods is 'a contract',

I think Consumer Direct will just come back with the 'real world' answer that I gave previously - that being that shops will give partial refunds based on the items you want refunded.

...the real world says shops don't have to give refunds on non faulty goods you want refunded though?

shaun_from_Africa

halibut2209 wrote: »

Shaun, what is your opinion of what the answer will be? I'm saying each one is separate under DSR (though you'd have to still pay outbound postage on the remaining items).

My opinion is that the entire purchase, irrespective of how many items, is classed as one contract.

I've asked Consumer Direct a couple of questions in the past, and they generally reply in 2 or 3 days, so I might get something back around the middle of the week.

Whilst I agree that it makes sense both financially and customer satisfaction wise for retailers to accept partial returns of orders, I'm still of the opinion that they aren't legally obliged to do so.

However, If I'm wrong I will still post the full reply I get back from CD.

mo786uk

vicmorrow wrote: »

...the real world says shops don't have to give refunds on non faulty goods you want refunded though?

Online shops where the DSR applies - obviously

bod1467

My opinion? It is one contract.

Yes, each item has its own rights under SOGA, but under DSR they all form one contract. Real world situation though is that retailers will tend to allow partial-DSR returns and give partial refunds (excluding postage).

Aquatronixjenny

Wow, thanks everyone for your replies - only just go back to the computer...

I'm not worried about getting the postage back, the item I used was £60, the item I no longer need is £168 and the postage was £7.95. I understand that I will not be entitled to a p+p refund as I'm keeping an item.

I guess if they only agree to refund the entire order under DSR's I could always order another one of the £60 items and then I have a spare, so could then send back with the other more expensive item as a 'complete order'.

I'll give them a call tomorrow and see what they say, I'll update and let you all know.

Flyboy152

shaun_from_Africa wrote: »

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.

But that is a separate part of the law and the retailer can sue the customer for their breach of their statutory duties.