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Very trying to deny DSR
Comments
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Well, since I am still not sleepinh, I got this in 2 seconds from the oft.gov. business advice (this is not my only source, just something I could provide you for a night read now):
Return and collection of goods
Under the DSRs, when a customer cancels a contract but has already received the goods, they are under a duty to take reasonable care of the goods and to return them to you. However, this only means that they have to make them available for collection by you from their premises, following a request from you in writing or on a durable medium available and accessible to the customer.
If you want your customers to return the goods to you and to pay for returns when they cancel a contract under the DSRs, you must include this in your terms and conditions. This information must also be given to the customer as written information (see The information you must provide once the customer has decided to buy under the DSRs).
The DSRs do not require the customer to return the goods but if the contract says the customer must return them and they do not, you can charge them for the direct cost of recovery.0 -
Looksguywalker wrote: »You are far to polite! I can't say more as I'm on a 'yellow'.
far "too" polite?
Well, as I said, retailers hate consumers to discover this dark secret! Of course, I expected that my info would attempted to be be refuted with
passion, but I did not expect that even nighttime is no object.
Consumers are under no obligation to return the goods to supplier. They only need to make the goods available for collection (and consumers are liable for the cost of collection, of they can choose to post if this is cheaper) .
If the retailer failed to collect within 21 days - voila!:rotfl:
please google duty of care under DSR.
This is the dark secret of DSR.
Good night!0 -
Wow, you replied to my post at 0.30 am (at night)!
Please google it yourself (just download the DSR law, you will find it there). Alternatively, if you rather go to sleep now, please understand that i also want to sleep.
This is all in DSR. Consumers are NOT reguired to return items, except at their own premises.[/QUOTE]
As a starting point what does that mean?0 -
far "too" polite?
Well, as I said, retailers hate consumers to discover this dark secret! Of course, I expected thsat my info would be refuted with
passion, but I did not expect that even nighttime is no object.
Consumers are under no obligation to return the goods to supplier. They only need to make the goods available for collection (and consumers are liable for the cost of collection, of they can choose to post if this is cheaper) .
If the retailer failed to collect within 21 days - voila!:rotfl:
please google duty of care under DSR.
This is the dark secret of DSR.
Good night!
Feel free to edit the above to make some sense.0 -
Looksguywalker wrote: »Feel free to edit the above to make some sense.
They make perfect sense without any help from you, and I have provided the source. I do not think any consumer, reading my information at night, would be desperate to object to extra rights discovered.
Consumer! you do not have to post the item back under DSR! You are within your rights to demand collection, as long as you are happy to pay the cost of collection.
your refund is due within 30 days of written cancellation, regardless of whether the goods have been returned or not.
You have duty of care for the goods. if the company fails to collect the goods within 21 days, your duty of care ceases under DSR.
The goods can be opened, inspected, they do not have to stay sealed. They do not have to be in resaleable condition (this all within reason - under DSR consumer can inspect the goods as they can in a shop, and if this has to involve opening the packaging - so be it).0 -
Some more info from the government (I hope their info does make sense?):
Packaging
The purpose of the DSRs is to allow customers to examine goods they have ordered as they would in a shop. If that requires opening the packaging and trying out the goods, then they have not breached their duty to take reasonable care of the goods.
In these circumstances, you cannot insist that customers return the goods as new or in their original packaging. You may ask customers to take care when they open the package or return goods with the original packaging, but you cannot insist on this.
The DSRs do not provide for goods to be returned in a fit state for resale.
You should think carefully about your packaging and how easy it is to open and put back together so that the integrity of the product can be maintained to enable resale.
Self-assembly
With self-assembly products, the customer is entitled to cancel the contract, even if the goods have been assembled. You cannot insist that the product is disassembled if disassembly is not possible, because, for example, doing so will damage the item. In that case, it can be returned or collected as it is.
You may advise customers on what you consider to be reasonable care. If you consider that, by assembling the product, the customer has not taken reasonable care of it, then you may have a claim against the customer for breach of their statutory duty . However, if it is necessary to assemble the goods to inspect them, you cannot stop the customer from doing this.0 -
I am wondering, what makes posters with so many posts under their belts to reply straight away, at night! Please read the full text of DSR regulations.
Not sure what your getting at or the relevance of the time of day...
DSRs state(3)!On cancellation, the consumer shall be under a duty to restore the goods to the supplier in accordance with this regulation, and in the meanwhile to retain possession of the goods and take reasonable care of them.
Yes the right to a refund is not linked to condition or the return of the goods, in reality if you are in breach of contract by failing in your duty of care the retailer would not refund you leaving you to take the matter to court where the retailer will simply make a counter claim..
Subsequent to a request in writing, if you fail to comply and return goods then DSRs extend your duty of care. This is protection for the retailer, not the consumer as you seem to imply.
The duty of care also extends to ensuring goods are not lost or damaged in transit when being returned to the sender.he shall be under a duty to take reasonable care to see that they are received by the supplier and not damaged in transit
It's all well and good you knowing about your rights to a refund - but when the retailer decides not to play ball how do you propose to enforce such without coming up against a counter claim0 -
Some more info from the government (I hope their info does make sense?):
Packaging
[snip].
Self-assembly
[snip]
breach of their statutory duty . However, if it is necessary to assemble the goods to inspect them, you cannot stop the customer from doing this.
How's this relevant ? :huh:0
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