3 months for DSR returns at Ebuyer

Slowhand

wealdroam wrote: »

I don't consider it unfair.

Only four days ago on another thread I explained why...


For us mere mortals, can you please explain what you are talking about?

What are MCA1980 cases?

What are Part 27 CPR proceedings?

To be honest I think GraceCourt has stumbled onto this board and appears to be 'trying to teach their grandma to suck eggs' and when questioned posts a whole lot of 'stuff' that no one understands.

GraceCourt did you do a search on your topic in this forum before starting this thread?

GraceCourt

wealdroam wrote: »

What are MCA1980 cases?

Criminal proceedings in England and Wales to which the Magistrates' Courts Act 1980 applies.

wealdroam wrote: »

What are Part 27 CPR proceedings?

Civil proceedings in England and Wales to which Part 27 of the Civil Procedure Rules 1998 (as amended) apply, in effect proceedings in the County Court that are allocated to the "Small Claims Track".

wealdroam wrote: »

In other words, because the buyer has agreed to the T&Cs, and there is a term in them stating that the contract is formed later, the parties have agreed that delivery of the goods and payment of the price are not concurrent actions.

My own view - and it's only my view - is that this is fallacious. Any "agreement" between the buyer and the seller is effectively a contract, so what you are suggesting is that the parties have contracted to be bound by a future contract that hasn't yet been formed. Imagine trying to enforce this legally... if a dispute arises out of the later contract, there has to be a determination as to whether the first contract is binding in respect of the second contract being binding... it's a circular argument, with nowhere to go in any logical sense.

It's not the relative timing of the payment and the delivery that's the issue, or even the actual timing of either... it's "when is the contract executed?"

steveE2

GraceCourt wrote: »

Users of these forums will no doubt be aware of their rights to cancel a contract of sale under the Consumer Protection (Distance Selling) Regulations 2000 ("DSR").

Normally, the consumer has 7 working days (beginning with the day after the date on which the goods in question are delivered) to notify the seller that the buyer is exercising his or her right to cancel under DSR - Regulation 11(2) in the case of goods.

But what you might not be aware of is the fact that, for Regulation 11(2) to apply, the seller must comply with Regulation 8, by providing the information set out in paragraphs (i) to (vi) of Regulation 7(1)(a).

And in connection with a dispute with Ebuyer (UK) Limited, of Ferry Road, Howden, Goole, East Yorkshire DN14 7UW, who are refusing to honour my rights under DSR, I have just spotted that their Web site does not comply with Regulation 8, because it does not provide the information required in Regulation 7(1)(a)(vi) - it makes no reference to the consumer's right to cancel, it only provides general information about "returns", which is legally insufficient - they must explicitly refer to the right to cancel.

So, if you have bought goods as a "consumer" in a purchase governed by a "distance contract" (both terms as defined in Regulation 3), the period during which you can cancel is governed not by Regulation 11(2), but by Regulation 11(4), which states that:

... the cancellation period ends on the expiry of the period of three months and seven working days beginning with the day after the day on which the consumer receives the goods.

So your rights to cancel the contract and return the goods apply for an awful lot longer than you might think!

Despite all the above it's very easy to find the cancellation rights on ebuyer,took me seconds,

5. Consumer rights

• 5.1
  
  If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below).

http://static.ebuyer.com/customer/help/index.html?action=c2hvd190ZXJtcw==&type=personal

Techhead_2

I see, so the information is both available in several places on their website and provided in durable means by email.

Does anyone else remember the OP's thread regarding PayPal?