DSR - Return within 14 days or advise you wish to return within 14 days?

pinkteapot

I ordered an item online which was delivered on Monday 15th October. It was a fragile item and the shop advised me to sign for it as 'unchecked', which I did. When I opened it, I was not happy with the item as it had some damage (not transit damage though - looks like manufacturing defects).

On that day (15th - day of receipt), I emailed them to say that I was unhappy with the item and would like a replacement if possible or a refund if not. I asked them for instructions on how to return the item (none were included on the receipt).

They replied, apologised, and said they would speak to the manufacturer and find out if it was possible for them to source a replacement (it's a limited edition item).

I still haven't heard whether I'll get a replacement or will be refunded. Customer service does seem good (few emails back and forth) so I probably shouldn't worry, but I can't help feeling a little nervous that I'm being fobbed off until the 14 day deadline for returning the item passes. In their emails they haven't said how I should go about returning it.

Have I covered myself (legally if it comes to it) by notifying them on the day that I want a refund/replacement? Or is the onus on me to make sure it is received back by them within 14 days? Not sure how to do this until I get their instructions.

It's quite an expensive item, hence wanting to make sure I'm covered...

maninthestreet

DSR won't apply, as the item is damaged you will be returning it under the SOGA.

OlliesDad

As above, however to answer your question, you have 7 days to inform the supply that you wish to cancel, there is no upper limit on how long you have to return it.

unholyangel

It would depend on whether the company informed you of your right to cancel or not and if they did, when.

If they did this prior to the contract being concluded and in a durable form, then you have 7 working days starting the day after delivery to inform the seller in a durable form that you wish to cancel. Doesn't matter how you word it, as long as it expresses your intent to cancel.

If they didnt provide this as part of your pre-contractual information then you may have up to a maximum of 3 months and 7 working days.


They are looking to make slight changes to the DSRs to make it 14 calendar days I believe but afaik this change isnt scheduled for another year or so (2014 sticks in my head for some reason). I think (dont quote me on it) that its going to be 14 calendar days to notify them and then you have 14 days from notifying them to return the goods.

However as above, for faulty items, its really a non-issue. Any remedy they provide should be at no cost to you (including any postage costs of sending the item back to them etc).