Special order by phone

unholyangel

gram77 wrote: »

From what i've read orders purchased by telephone or internet have an automatic cooling off period anyway and therefore I would be expecting a full refund as this is the norm

There are exceptions to the right to cancel (regulation 10 of the DSRs). Such as goods that are clearly personalised (ie engraved or made to your measurements), if you've inspected the goods in store and then ordered online, travel/leisure/catering etc etc.

Even if DSRs do not apply, SoGA will. Under SoGA buyers have a statutory right to examine the goods to see whether they conform to contract.

Hintza

Well you will find out soon enough if the manufacturer won't take it back the retailer will probably refuse your refund. The retailer will just now be talking to their legal advisor prior to making a decision.

Your only course of action will then be the courts. Others have said why it might not fall under DSR. How lucky do you feel?

gram77

Thanks for the replies so far, I thought it wasn't quite straightforward. Though surely regardless of the small detail, the 7 day rule is law and the shop and the supplier have a duty to refund. On what grounds would the shops supplier not refund the shop if the DSR's apply ....assuming they buy in the same way from each other as we do from them ?
What is my best option ? I have told the guy at the shop that I am aware of the DSR law and he has yet to get back to me.

wealdroam

gram77 wrote: »

Thanks for the replies so far, I thought it wasn't quite straightforward. Though surely regardless of the small detail, the 7 day rule is law and the shop and the supplier have a duty to refund. On what grounds would the shops supplier not refund the shop if the DSR's apply ....assuming they buy in the same way from each other as we do from them ?
What is my best option ? I have told the guy at the shop that I am aware of the DSR law and he has yet to get back to me.

DSRs only apply to business to consumer transactions.

The contract your supplier has with his supplier determines whether the thing can be returned from whence it came.

shaun_from_Africa

On what grounds would the shops supplier not refund the shop if the DSR's apply

The DSR's only apply to business to consumer contracts and not business to business ones.

Though surely regardless of the small detail, the 7 day rule is law and the shop and the supplier have a duty to refund

Yes, the 7 day cancellation period for the DSR's is part of UK law, but as has already been explained, it doesn't apply to all distance sales.
There is an exemption for retailers that don't normally sell at a distance and only do so on a very infrequent basis so it all depends on how often your seller does this, and what they state on their website.

If you could give a link to the website it may help.

zaax

shaun_from_Africa wrote: »

There is an exemption for retailers that don't normally sell at a distance and only do so on a very infrequent basis so it all depends on how often your seller does this, and what they state on their website.

Were does it say that in the regulations?

unholyangel

zaax wrote: »

Were does it say that in the regulations?

You mean about if they dont normally sell at a distance?

In the interpretation:
"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;


Full interpretation can be found here:
http://www.legislation.gov.uk/uksi/2000/2334/regulation/3/made

T_T_2

The exception that a lot of you are hinting at is section 13(c) but in this context it could be seen as open to interpretation. Read below and you will see what I mean

13.—(1) Unless the parties have agreed otherwise, the consumer will not have the right to cancel the contract by giving notice of cancellation pursuant to regulation 10 in respect of contracts—
(...)
(c)for the supply of goods made to the consumer’s specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly;
(...)

We can immediately eliminate the deterioration and rapid expiration part. This is designed for perishable goods like a bunch of grapes or a bag of ice. We can also immediately eliminate the part about personalisation, from what I gather no customisation has been made to the product.

What we are left with is 'made to the consumer's specification' and the interpretation of this string of words is what is in contention (in my opinion). In the eyes of a ruling body, what does the word 'made' mean? We know that the item of furniture was not a stocked or regularly sold item and that it was acquired for the OP at his own request, but was it actually 'made' to his/her own specification?

shaun_from_Africa

zaax wrote: »

Were does it say that in the regulations?

It doesn't state it as such but as with all legislation, there is often a fair bit of interpretation needed.
This is how the OFT interpret it
[QUOTE]

If I generally do not sell by distance means do the DSRs
apply to orders I sometimes get by email, phone or fax?









2.14
If you normally do business with consumers face-to-face, the DSRs are unlikely to apply to an occasional order that you take in these ways. However, if the contract is concluded by distance means under an organised distance sales or service provision scheme’ (see paragraph 1.6 for what we consider this term means) then the DSRs are likely to apply. Such schemes are not defined in the DSRs and the facts in each case need to be considered but the[/QUOTE]




http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

bris

T_T wrote: »

The exception that a lot of you are hinting at is section 13(c) but in this context it could be seen as open to interpretation. Read below and you will see what I mean

No nothing at all to do with 13 (c) we are not hinting at anything, look at 2.14