Distance Selling: Consumer does not have to post back

System

malchish wrote: »

No,
I have not missed anything. Just, if the requirement to return is in T&C, 21 days duty of care is supplemented by 6 months. It only means that you have to look after the item for 6 months, not 21 day.
But most of us do not need to keep the item and the money, right? so it is nearly irrelevant.

It may extend to 6 months but para 7 says

Where, at any time during the period of 21 days beginning with the day notice of cancellation was given, the consumer receives such a request as is mentioned in paragraph (4), and unreasonably refuses or unreasonably fails to comply with it, his duty to retain possession and take reasonable care of the goods shall continue until he delivers or sends the goods

Basically if the company requests that they are sent back then the duty of reasonable care becomes open ended until either he sends them back or the company collects.

neilmcl

malchish wrote: »

The quote I gave is comprehensive enough and does not contradict anything in the rest of the text. The government advice agrees with me, as well.

Really!

From the OFTs guide:

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.

George_Michael

Don't you just love "bar room lawyers" who read a bit of legislation and think that as it's written down, any decision made in court will be black and white.

It's a bit like me saying that I could quite legally drive a car from Land's End to John o' Groats if that car had neither a valid MOT or VED provided that before I departed, I made a booking for that car to have an MOT in John o' Groats when I arrived.

According to the law, I can drive over 800 miles without MOT or VED provided I am going to a pre-booked MOT so there is no way that a judge would think I was taking the pi55 and convict me is there?

neilmcl

I don't think he's quite grasped the concept that there's a clear difference between legislation as written and legislation as interpreted.

malchish

neilmcl wrote: »

I don't think he's quite grasped the concept that there's a clear difference between legislation as written and legislation as interpreted.

You for sure do not know how this is interpreted, because there were no court cases so far. There were plenty of practical cases when a store satisfied those rights.

malchish

!!!!!! wrote: »

It may extend to 6 months but para 7 says Basically if the company requests that they are sent back then the duty of reasonable care becomes open ended until either he sends them back or the company collects.

So what are you arguing about? Of course.You seem to be trying to break into an open door.

But if a consmer is NOT unreasonable -then 21 day, or 6 months in some cases. I have not yet seen an unreasonable consumer who resists collection.

malchish

neilmcl wrote: »

Really!

From the OFTs guide:

Really! Yes, the government agrees with me. You quoted from a wrong place, not relating to DSR.
This is the correct quote:

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. :jHowever, this only means that they have to make them available for collection by you from their premises, :jfollowing 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.
(and nothing else AT ALL* my comment)

malchish

I think, I gave enough information for consumers.
There is no point in playing ping-pong and replying to negative /dismissive remarks from people who seem to not respect DSr and who do not want DSR to be implemented properly in practice.

My overall message to buyers is: stand by your rights.
If it is convenient for you to post back - do so. If you prefer to pay for collection - you are entitled to it, and you won't have to go all the way to court for this.

meer53

malchish wrote: »

I think, I gave enough information for consumers.
There is no point in playing ping-pong and replying to negative /dismissive remarks from people who seem to not respect DSr and who do not want DSR to be implemented properly in practice.

My overall message to buyers is: stand by your rights.
If it is convenient for you to post back - do so. If you prefer to pay for collection - you are entitled to it, and you won't have to go all the way to court for this.

Nowt like stating the bleedin obvious. Most people know this already, but thanks for the long winded reminder.

somethingcorporate

LOL, you've got to love these guys.

When the OP was asked what their experience was (a pertinent and insightful question when the poster is so confident in their position) their initial reaction was to ask the questioner what their experience was?

Come on OP, if you are going to post and make it sound like you know what you are talking about you have to justify why you have such views rather than just reading legislation and trying to deflect reasonable questions.

I don't think your defense would stand up in reality.